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."
The abuse defense is a criminal law defense in which the defendant argues that a prior history of abuse justifies violent retaliation. While the term most often refers to instances of child abuse or sexual assault, it also refers more generally to any attempt by the defense to use a syndrome or societal condition to deflect responsibility away from the defendant. Sometimes the concept is referred to as the abuse excuse, in particular by the critics of the idea that guilty people may use past victimization to diminish the responsibility for their crimes.
The urban survival syndrome, in United States jurisprudence, can be used either as a defense of justification or of excuse. The first case using, unsuccessfully, the defense of "urban survival syndrome" is the 1994 Fort Worth, Texas murder trial of Daimion Osby.
A restraining order or protective order, is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.
Victim blaming occurs when the victim of a crime or any wrongful act is held entirely or partially at fault for the harm that befell them. There is historical and current prejudice against the victims of domestic violence and sex crimes, such as the greater tendency to blame victims of rape than victims of robbery if victims and perpetrators knew each other prior to the commission of the crime.
Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence—psychological, physical, or sexual—from her male partner. It is classified in the ICD-9 as battered person syndrome, but is not in the DSM-5. It may be diagnosed as a subcategory of post-traumatic stress disorder (PTSD). Victims may exhibit a range of behaviors, including self-isolation, suicidal thoughts, and substance abuse, and signs of physical injury or illness, such as bruises, broken bones, or chronic fatigue.
Tay Yong Kwang is a Singaporean judge of the Supreme Court. He was first appointed Judicial Commissioner in 1997, appointed Judge in 2003, and appointed Judge of Appeal in 2016. He was noted for being the presiding judge in several notable cases that shocked the nation and made headlines in Singapore.
Stacey Ann Lannert is an American woman convicted of the murder of her father, Tom Lannert, when she was 18 years old. She testified that he had sexually abused her since she was eight years old. Sentenced to life in prison without the possibility of parole, she served 18 years.
The Oklahoma District Attorneys Council is an agency of the state of Oklahoma that provides professional organization for the education, training and coordination of technical efforts of all Oklahoma state prosecutors and to maintain and improve prosecutor efficiency and effectiveness in enforcing the laws of the state. The Council distinguishes itself from the District Attorneys Association, a private organization, in order to lobby the legislature, though it is composed of the same members.
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.
Punishment for rape in Pakistan under the Pakistani laws is either death penalty or imprisonment of between ten and twenty-five years. For cases related to gang rape, the punishment is either death penalty or life imprisonment. DNA test and other scientific evidence are used in prosecuting rape cases in Pakistan.
Ashlee Anne Rose Martinson is an American woman convicted of the 2015 murders of her mother and stepfather, which she committed the day after her 17th birthday. Martinson's case received international attention. Martinson later pleaded guilty to two counts of second degree intentional homicide and was sentenced to 23 years in prison.
Domestic violence and abuse in the United Kingdom are a range of abusive behaviours that occur within relationships. Domestic violence or abuse can be physical, psychological, sexual, financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used to encompass various forms of domestic violence. Some specific forms of domestic violence and abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with remedies and protection via civil law.
Julie Daniels is an American politician who has served in the Oklahoma Senate from the 29th district since 2016.
Rough sex murder defense, also known as the 50 Shades defense, is employed by some people accused of murdering a sexual partner, who claim that the death occurred because of injuries sustained during consensual sex. Advocacy group We Can't Consent To This has identified, between 1972 and 2020, 60 police suspects or defendants in the UK who have stated from the outset or later plead this defense, 45 percent of which resulted in a lesser charge, lighter sentence, acquittal, or the case not being pursued.
Toni Hasenbeck is an American politician who has served in the Oklahoma House of Representatives from the 65th district since 2018.
On 28 March 2020, 70-year-old Anthony Williams of Cwmbran, Wales, strangled his 67-year-old wife Ruth to death. The following February, he pleaded guilty to manslaughter on the ground of diminished responsibility, and was acquitted of murder. His defence argued that he acted due to his mental state, which had been worsened due to the COVID-19 pandemic. The lesser charge, and the sentence of five years' imprisonment, was criticised by politicians and anti-domestic abuse activists.
Melissa Elizabeth Lucio is the first woman of Hispanic descent to be sentenced to death in the U.S. state of Texas. She was convicted of capital murder after the death of her two-year-old daughter, Mariah, who was found to have scattered bruising in various stages of healing, as well as injuries to her head and contusions of the kidneys, lungs and spinal cord. Prosecutors said that Mariah's injuries were the result of physical abuse, while Lucio's attorneys say that her death was caused by a fall down the stairs two days prior.
Julius Darius Jones is an American prisoner and former death row inmate from Oklahoma who was convicted of the July 1999 murder of Paul Howell. His case has received international attention due to claims of innocence and controversy surrounding his trial and conviction. Jones was convicted of the crime on the basis of what the Oklahoma Court of Criminal Appeals later characterized as an "overwhelming" body of evidence consisting of "a co-defendant who directly implicated Jones, eyewitness identification, incriminating statements made by Jones after the crime, flight from police, damning physical evidence hidden in Jones's parents' home, and an interlocking web of other physical and testimonial evidence consistent with the State's theory."
April Rose Wilkens is an American woman serving a life sentence at Mabel Bassett Correctional Center after her conviction for the murder of Terry Carlton and the subject of the podcast series Panic Button: The April Wilkens Case. She was one of the first women to use battered woman syndrome in an Oklahoma trial, and claimed to have acted in self defense, but it did not work in her favor and she was still found guilty by a jury. Local Tulsa news stations still to this day are hesitant to cover her case due to Carlton's family owning and operating dealerships which buy ad time from them. Her case caused an "outcry from those who say she acted because of battered woman syndrome." As of 2022, she was going into her 25th year of incarceration.
