Does passion grant unaccountability? (a brief ethical theory)

[toonia]

Originally Posted by Hmm

So apparently, there is a legal defense that can be used in cases of murder called "Passion Provocation". There is another name for it too but I forgot what it is. It's basically where the murderer gets so pissed off at their lover (<this is the passion part) that they are considered to be in altered state of mind and therefore are not accountable for their actions at that moment. I believe there have been a few cases of this where the defendant was found not guilty because of this.

The one case I remember was of a guy who was with a woman for a while. They weren't married but had a kid together. Then they broke up and she got together with a different man very quickly and got engaged to this new man but the Ex-lover did not find out about this new romance she had until a day or two before her wedding and by surprise. On her wedding day, when she and the bridesmaids were getting dressed, the Ex-lover busted into the house in a fit of jealousy and shot her dead in her wedding dress and I think shot a kid too. i know the bride died for sure. But he and his lawyers used the passion provocation defense.

So do you think it's a legitimate defense?

I understand the point of it to be focused on the likelihood this person poses a danger to society. It suggests an altered state of mind, not calculated forethought. I don't see how it removes accountability though, because such a person is highly likely to face future disappointments that could easily trigger passion again. Getting badly hurt is a basic element in living. Anyone can be wonderful when everything is going their way. You don't know who a person is until you see them face hurt and disappointment. The following is a quote I once saw that I rather liked.

You are responsible for what you do regardless of how you feel.

[Edahn]

FYI, it's also called voluntary manslaughter or heat of the moment killing. I think it encourages impulsive behavior. Interestingly, it used to be the law that a man who catches his wife cheating could get a reduced charge/sentence for walking in on his wife cheating on him, but not the other way around.