PROVOCATION AS A DEFENCE TO CRIMINAL LIABILITY Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must have been caused by accused upon provocation induced by the deceased himself and this must be offered before the accused had time for his passion to cool down. The injury inflicted must also be proportional and must be one as would have caused a reasonable man to resort to the same consequence The adequate of this defense, in the light of the scope of this essay is purely a psychological question. The test of provocation is inadequate. It is plainly illogical not to recognize the fact that different people react differently to stimuli and the law, by its hording expects a man dethroned in his reasoning faculty to inflict a reasonably proportional injury which only a reasonable man in his senses could do. The aim and objective of this work is to access the meaning of the term provocation as provided for under the penal and criminal codes and other relevant statutes, case law and by various author, its nature, element and the condition under which the defense can avail a person from criminal liability. TABLE OF CONTENTS CHAPTER 1 GENERAL INTRODUCTION 1.0.0: INTRODUCTION 1.1.0: BACKGROUND TO THE STUDY 1.2.0: OBJECTIVE OF STUDY 1.3.0: FOCUS OF STUDY 1.4.0: SCOPE OF STUDY 1.5.0: METHODOLOGY 1.6.0: LITERATURE REVIEW 1.7.0: DEFINITION OF TERMS 1.8.0: CONCLUSION CHAPTER TWO DEFENCES TO CRIMINAL LIABILITY 2.0.0: INTRODUCTION 2.1.0: DEFINITION OF CRIME 2.2.0: GENERAL PRINCIPLES OF CRIMINAL LIABILITY 2.3:1: ACTUS REUS 2.3:2: MENS REA 2.4.0: CONCLUSION CHAPTER THREE NATURE OF PROVOCATION 3.0.0: INTRODUCTION 3.1.0: DEFINITION OF PROVOCATION 3.2.0: DEFENCE TO PROVOCATION 3.2:1: DEFENCE TO PROVOCATION UNDER THE PENAL CODE 3.2:2: DEFENCE TO PROVOCATION UNDER THE CRIMINAL CODE 3.3.0: CONCLUSION CHAPTER FOUR THE BURDEN OF PROOF TO PROVOCATION 4.0.0: INTRODUCTION 4.I.0: BURDEN OF PROOF IN CRIMINAL LIABILITY 4.2.0: EXCEPTION OR EXEMPTION TO THE BURDEN OF PROOF IN CRIMINAL LIABILITY 4.3.0:THE BURDEN OF PROVING THE DEFENCE OF PROVOCATION 4.4.0:EFFECTOF A SUCCESSFUL PLEA OF PROVOCATION 4.5:0: CONCLUSION CHAPTER FIVE GENERAL CONCLUSION 5.0.0: CONCLUSION 5.1.0: RECOMMENDATION
ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The... Continue Reading
ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment.... Continue Reading
Provocation As A Defence To Criminal Liability: The Nigerian Perspective ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that... Continue Reading
ABSTRACT Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must have been caused by accused upon... Continue Reading
ABSTRACT Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must have been caused by accused upon... Continue Reading
ABSTRACT In England and other common law jurisdictions provocation operates as a mitigatory or partial defence to murder aimed at the reduction of that crime to the lesser offence of voluntary(or intentional)manslaughter. For a plea of provocation to succeed the jury must be satisfied that the accused was deprived of her self-control at the... Continue Reading
ABSTRACT In England and other common law jurisdictions provocation operates as a mitigatory or partial defence to murder aimed at the reduction of that crime to the lesser offence of voluntary(or intentional)manslaughter. For a plea of provocation to succeed the jury must be satisfied that the accused was deprived of her self-control at the... Continue Reading
ABSTRACT “Mens Rea”, the mental element of an offence can be in the form of intention, recklessness, knowledge and in some instances, negligence or any other state of mind prescribed by the law creating an offence. Developed and integrated into the English criminal law around the twelfth century to the thirteenth century when it was fully... Continue Reading
ABSTRACT “Mens Rea”, the mental element of an offence can be in the form of intention, recklessness, knowledge and in some instances, negligence or any other state of mind prescribed by the law creating an offence. Developed and integrated into the English criminal law around the twelfth century to the thirteenth century when it was fully... Continue Reading
ABSTRACT mso-ansi-language:EN-US'>Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law... Continue Reading