The Case for a Doctrine of Provocation in Nebraska

This article suggests that the Nebraska bar and bench should overtly recognize and develop the provocation doctrine. Toward this goal, the article first places provocation in the context of homicide jurisprudence by a brief overview of its doctrinal role. Second, the Nebraska treatment of the doctrine is explored. Third, a benchmark articulation of the doctrine is offered.

Finally, a discussion of the issues that will illumine and be illumined by the doctrine is presented. To rethink and argue the case for a doctrine of provocation is the task of the lawyer who is required to take some responsibility for the condemnation and imprisonment of his fellow human beings as criminals.