How Not to Argue That Reasonable Provocation is Not an Excuse

Westen, Peter K.

Journal: University of Michigan Journal of Law Reform

Volume: 43

First Page: 175

Year: 2009

Bluebook Citation: 43 U. MICH. J. L. REFORM 175 (2009)

Author: Peter Kay Westen: all 29 publications


Abstract

Reid Fontaine draws two conclusions regarding the partial defense to murder of reasonable provocation-one regarding its substantive content, the other regarding its formal classification…. I agree with both of Fontaine's two conclusions, and, indeed, I have previously written to that effect. Unfortunately, while I agree with Fontaine's conclusions, I do not think he adequately supports them.

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