On Passion's Potential to Undermine Rationality: A Reply
39 Pages Posted: 12 Jan 2010 Last revised: 13 May 2010
Date Written: November 6, 2009
Abstract
This Rejoinder is the final Article in the 2009 Symposium on "The Nature, Structure, and Function of Heat of Passion/Provocation as a Criminal Defense," published by the University of Michigan Journal of Law Reform. In this Symposium, several criminal law theorists (Marcia Baron, Indiana U.-Bloomington; Gabriel J. Chin, U. Arizona; Stephen Morse, U. Pennsylvania; Samuel Pilsbury, Loyola-L.A.; Robert Weisberg, Stanford; Peter Westen; U. Michigan) contributed responses to my lead Article, "Adequate (Non)Provocation and Heat of Passion as Excuse not Justification," which may be downloaded at http://ssrn.com/abstract=1087862. In this Rejoinder, I comment on their observations and defend my lead article.
Keywords: Provocation, Heat of Passion, Manslaughter, Murder, Affirmative Defenses
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