The crime of passion defense is often used for serious cases, such as murder charges. Essentially, the person who is accused of murder says that they were just reacting to conditions that were outside of their control. In the heat of the moment, they acted impulsively and emotionally, but they think that anyone else would have reacted the same way.
For instance, a spouse may learn that their partner is having an extramarital affair when they return home and find the two people together. They react instinctively and get in a fight with the other individual, who passes away from their injuries. The spouse gets arrested and admits that they did take that other person’s life. They just claim it was a crime of passion, so it’s not murder.
Murder requires intent
People use this defense because first-degree murder charges inherently require intent. The murderer must intentionally and purposefully take action to cause fatal harm to the other person, and it often has to be premeditated. They planned it out in advance.
However, the crime of passion defense claims that there was never any planning or premeditation. The alleged murderer never wanted to take anyone’s life and had never thought about doing it before that very moment. They may still get a criminal charge because homicide is still illegal in this scenario, but they are simply saying it should not be a first-degree murder charge. Without premeditation, it doesn’t meet that definition.
This is just one potential defense option when facing such serious and life-changing charges. You must know what legal options you have.
