Provocation test

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A provocation test, also called a provocation trial or provocation study, is a form of medical clinical trial whereby participants are exposed to either a substance or "thing" that is claimed to provoke a response, or to a sham substance or device that should provoke no response. [1] An example of a provocation test, performed on an individual, is a skin allergy test.

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In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice. It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."

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Provocation, provoke or provoked may refer to:

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In English law, provocation was a mitigatory defence to murder which had taken many guises over generations many of which had been strongly disapproved and modified. In closing decades, in widely upheld form, it amounted to proving a reasonable total loss of control as a response to another's objectively provocative conduct sufficient to convert what would otherwise have been murder into manslaughter. It only applied to murder. It was abolished on 4 October 2010 by section 56(1) of the Coroners and Justice Act 2009, but thereby replaced by the superseding—and more precisely worded—loss of control defence.

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Kiranjit Ahluwalia is an Indian woman who fatally burned her husband in 1989 in the UK. She claimed it was in response to ten years of physical, psychological, and sexual abuse. After initially being convicted of murder and sentenced to life in prison, Ahluwalia's conviction was later overturned on grounds of inadequate counsel and replaced with voluntary manslaughter. Although her submission of provocation failed, she successfully pleaded the partial defence of diminished responsibility under s.2 Homicide Act 1957 on the grounds that fresh medical evidence may indicate diminished mental responsibility.

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A glossary of terms used in clinical research.

People v. Berry is a voluntary manslaughter case that is widely taught in American law schools for the appellate court's unusual interpretation of heat of passion doctrine. Although the defendant had time to "cool down" between his wife's verbal admission of infidelity and the killing, the California Supreme Court held that the provocation in this case was adequate to reduce a murder charge to manslaughter. The lower court had relied on the traditional definition of "adequate provocation" in its jury instructions. The California Supreme Court reversed Berry's murder conviction, while affirming Berry's conviction for assault using deadly force.

DPP v Camplin (1978) was an English criminal law appeal to the House of Lords in 1978. Its unanimous judgment helped to define the main limits of defence of provocation chiefly until Parliament replaced the defence with one of "loss of control" in the Coroners and Justice Act 2009. Its ratio decidendi continues to have precedent value as the new "loss of control" defence is a renaming to avoid creep of the term into scenarios for which it was never intended, above all a blurring with diminished responsibility.

People v. Valentine, 28 Cal.2d 121, 169 P.2d 1 (1946) is a landmark California Supreme Court voluntary manslaughter case where the court holds that mere words may be adequate provocation.

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References

  1. "APA Dictionary of Psychology". dictionary.apa.org. Retrieved 2023-11-07.