HEAT OF PASSION

glossary /

HEAT OF PASSION

heat of passion. Rage, terror, or furious hatred suddenly aroused by some immediate provocation, usu. another person’s words or actions. ? At common law, the heat of passion could serve as a mitigating circumstance that would reduce a murder charge to manslaughter.

¡ª Also termed sudden heat of passion; sudden heat; sudden passion; hot blood; sudden heat and passion; furor brevis. Cf. COLD BLOOD; COOL BLOOD. [Cases: Homicide 666, 828.]

¡°To constitute the heat of passion included in this requirement it is not necessary for the passion to be so extreme that the slayer does not know what he is doing at the time; but it must be so extreme that for the moment his action is being directed by passion rather than by reason.¡± Rollin M. Perkins & Ronald N. Boyce, Criminal Law 99 (3d ed. 1982).

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