Preview

Provocation Associated With Road Rage

Good Essays
Open Document
Open Document
1082 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Provocation Associated With Road Rage
Provocation associated with road rage is a plea that arouses serious debate over a variety of factors. First, conduct will be assessed and it will have to be determined whether the accused’s actions meet the relevant requirements of conduct. Additionally, it must be decided whether provocation associated with road rage is a valid defense that will exclude liability, merely a mitigating factor in sentencing, or not a valid defense. The consequences that arise over allowing or disallowing such a plea and the precedent that such a decision will set is the final consideration to be taken into account.

The above statement, made by Hoctor, has two parts: entertaining a plea of non-pathological incapacity due to provocation associated with road rage
…show more content…
Road rage is “violent anger caused by the stress and frustration involved in driving a motor vehicle in difficult conditions.” This allows one to conclude that road rage does arouse anger and other emotions and can cause provocation. Seeing as though other forms of non-pathological incapacity and provocation are allowed and accepted as valid defenses if the conduct was not voluntary, it follows that if the provocation and emotional stress associated with road rage was so severe that the actions of an accused were involuntary, there is no reason why a court, in principle, would not grant a plea of non-pathological incapacity due to provocation associated with road rage. In the case S v Eadie, Navas JA, in his judgement, mirrored this sentiment when he said “provocation…a defence when it led to involuntary conduct or where the accused lacked capacity to appreciate the wrongfulness of …show more content…
The only account of the accused’s mental state while committing an offences is the accused’s own version of the events, which would mean that the approach is subjective. Courts are hesitant to allow an entirely subjective approach to determine whether or not the accused is guilty as this “could allow a hot headed person to escape conduct committed in that state.” This was clarified by Navas JA in S v Eadie , when he declared that courts “are entitled to draw legitimate inferences from objective

You May Also Find These Documents Helpful

  • Good Essays

    * Driving in a careless and inattentive manner, disregarding other motor vehicles and endangering lives of drivers…

    • 641 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    PA205

    • 428 Words
    • 2 Pages

    On or about April 8, 2013, the plaintiff was en route back to his home after signing a three-year contract with MCI records after winning National Idol. The plaintiff was riding his motorcycle southbound on Highway 57 going a speed of 60-65 miles per hour. The defendant’s driver flashed his lights signaling the need to pass which the plaintiff obliged to. The plaintiff swerved to avoid falling cases of beer but was struck.…

    • 428 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Miller v. StateSupreme Court of Nevada, 1996991 P. 2d 1183People in the United States commit crimes and make up excuses why they should not be held accountable for a crime. Insanity and temporary Insanity have significant differences. One might ask themselves is there really any meaningful difference? During the history of our court system there has been many significant court decisions which address the controversy topics of insanity and temporary insanity as it relates to criminal procedures. One of the most significant court decision is Miller Vs State Supreme Court of Nevada, 1996 991 P.2d 1183.…

    • 987 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Introduction: The insanity defense has been used for many years and believed to began around the 1720’s where the first formal defense was used in a court in 1724. Judge Tracy, the judge that ruled over the first case coined a term “The wild beast standard” that states “for someone to be insane he must be totally deprived of his understanding and memory, and not know what he is doing anymore than an infant, a brute, or a wild beast” (Neville, 2010, pp.3-4). After the Daniel M’Naghten case, a man who attempted to kill a prime minister due to his belief that the prime minister was conspiring against him ended up killing the secretary, there was a new rule many states began to follow. After M’Naghten was found insane by multiple experts because he was unable to know the difference of right and wrong therefore he was acquitted of all charges (Neville, 2010, p. 5) a rule was developed labeled after M’Naghten.…

    • 1049 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Road Rage Research Paper

    • 2133 Words
    • 9 Pages

    The term “road rage” was coined in the USA in the 1980s by a police officer after he pulled over a motorist who shot another driver who cut him off (Sunrise Digest, 1988). Road rage is currently defined as intentionally participating in risky driving behaviors that are known to increase the likelihood of a crash. Previous definitions of road rage did not include intent. This definition change shows that road rage is something that one chooses to do instead of unconsciously doing it. Two forms of road rage have been identified: mild and severe. Mild forms of road rage include obscene gestures and name calling. Severe forms of road rage include threats, physical confrontation, and murder. Certain road conditions, like construction or a detour,…

    • 2133 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment, and there can be involuntary MR e.g. drugged paedophile in Kingston. * There are many MR states of mind: the sentencing advisory panel stated that there are 4 levels of culpability = intent, recklessness, knowledge, and negligence [in some crimes only negligence is required * Two species of MR Cognitive (involves intention or foresight by D) and Normative (evaluation of D action taking into account surrounding circumstance and D state of mind) * Proof of Cognitive = subjective test (assume state of mind is ascertainable only direct evidence is a confession) – jury ascertain reasonable person but destroy subjectivity * DPP v Smith = D trying to escape from the police in a car was signalled to stop. He did not do so. A PC jumped onto the car's bonnet. D drove at high speed, swerving from side to side, until the officer was thrown off and killed. = CJA S8 – endorses the idea that intention is to be subjectively ascertained…

    • 2945 Words
    • 85 Pages
    Good Essays
  • Good Essays

    Us Law

    • 787 Words
    • 3 Pages

    The problem with this defense is that insanity in this particular essay is either examined from a legal angle or a psychoanalytical one which involves talking to people and having them take tests. There is however, no scientific proof confirming the causal relationship between mental illness and criminal behavior based on a deeper neurological working of the brain sciences. The psychiatrist finds his/herself in a double bind where with no clear medical definition of mental illness they must answer questions of legal insanity beliefs of human rationality, and free will instead of basing it on more concrete scientific facts.…

    • 787 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Provocation – a partial defence for murder, originating in the Medieval times, 400 years ago, acting as a concession for human frailty. Its primary source was to ensure that one guilty of killing ‘in the heat of passion’ would not face the, then mandatory death penalty. Indeed, it has become quite the mockery that in the modern, civilized society that Australia exists in today, that Queensland refuses to abolish the defence; no matter its incapability of reaching many agreed upon criterions of a ‘good’ law, including that of, it being relevant to society as its values and attitudes change, being equally available and applied to all, and it being certain and clear. The amendments of provocation may be a step in the right direction, but does…

    • 1736 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Similarity to the case of Air France v. Saks, mantel disorder solely unaccompanied with physical injury is not an injury under the convention. On other hand, physical injury occurred from unexpected or unusual accident is surely recoverable. In this case, the plaintiff’s mental and physical injuries are recoverable by the convention. In case of proving the pilots willful misconduct in running out the runway, the carrier cannot benefit from the limitation over 100,000.…

    • 73 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Happy Hour Sports Bar

    • 653 Words
    • 2 Pages

    The facts of this case may give rise to an action for damages on the basis of excessive force causing injury. This case may also include a claim of negligence on the part of the employee Bertha, since she threw the patron in the direction where the head injury would not likely have occurred. Also, the case deals with the rights of an occupier of property to eject a person from property, and the application of force in the exercise of rights.…

    • 653 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    There are many criticisms of the insanity defense, and people have conveyed their displeasure at this type of defense. The four main complaints are that the public believes that many offenders attempt to use this plea, and that susceptible juries are acquitting these defendants often. The other two complaints are that the offenders are just released back into society way to soon, and that all insane people are excessively dangerous. The reality of the situation is far different from what public opinion warrants. (Greene et al,…

    • 1448 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Insanity Defense

    • 1410 Words
    • 6 Pages

    Despite public notions about the use of the insanity defense in criminal trials by defendants as a method of reducing their punishments, the reality is that the defense is rarely invoked, difficult to feign, and when proven, often leads to longer incarcerations than if the defendant was criminally convicted. Due to the fair nature of the insanity plea, it remains a valid form of defense for mentally handicapped people charged with crimes. Not only is it a valid form of defense, but it is a necessary one. It was set in place…

    • 1410 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Essay On Criminal Defense

    • 429 Words
    • 2 Pages

    “Disease of the mind”, is any illness, disorder, or abnormal condition which impairs the human mind and its functioning. It excludes temporary conditions of alcohol, drugs, hysteria or concussion. People use this as an excuse to criminal liability because mental illness is covered under section 16 of the Criminal Code. The insanity defense prevents a mentally-incapacitated person from being criminally punished. In order to plea insanity, the courts provide a variety of legal test to help determine the mental state of the offender. The most used test is the M’Naghten rule; which states that an offender is insane if mental illness prevents them from knowing the difference between right and wrong. Another test that states like to use is the “irresistible impulse” test. This test states that “If the defendant is suffering from a mental disease that prevents control of personal conduct, he or she may be adjudged not guilty by reason of insanity, even if he or she knows the difference between right and wrong.” Pleading insanity is by no means a “get out of jail free” card. Most offenders that are found not guilty because of insanity are sent to a mental health institution. They are required to be there for a long period of time, most spend longer in the institution than they would have spent in prison if they had been found…

    • 429 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Mind over Matter

    • 663 Words
    • 3 Pages

    Determining if an individual who has committed a heinous crime where the plea of insanity or sane was to be established, is a fine line. Labeling individuals who suffer from mental illness or disorders must be examined carefully and thoroughly. The truth in legality is that just because a person does not know the difference between right and wrong does not mean that they are clinically insane. Insanity can be seen as people who suffer from psychotic episodes, hallucinations, mental deficiencies, and even mental retardation. “In M'Naghten's modern form, a defendant who pleads insanity must prove that at the time of the offense he or she was suffering from a mental disease or disability, such as retardation, so severely as not to know either "the nature and quality of the act" or whether it was right or wrong” (Gibeaut, J. (2006). If an individual cannot comprehend the crime they committed and the consequences of their action, and who did not understand right from wrong, this would be the ideology of M’Naghten’s rule. Does Eric Michael Clark have the legal right to submit an insanity plea for his defense? Was the question of his diagnosis put to light in the courtroom? Was the question ever addressed if Eric was on any psychotropic drug when he committed this crime? Was he off his medication for his diagnosed mental disorder? So many elements were not brought up in this case for Eric to have the eligible legal right to plea insanity for his defense. In contrast, for a young man who was cruising the streets with radio at full volume and was then stop by a police officer doing his job, what was the reason Eric fired more than five shots? Was he experiencing a psychotic episode or did he feel threatened in any way? These facts have to be considered before an insanity…

    • 663 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Mental Health In Prisons

    • 1058 Words
    • 5 Pages

    Mental health conditions usually affect rational, emotional and volitional aspects and functions of the personality, which are also functions of interest in law, as they are essential at the time of deciding guilt.…

    • 1058 Words
    • 5 Pages
    Good Essays