A CRITICAL ANALYSIS OF PROVOCATION AS A DEFENCE TO CRIMINAL LIABILITY

Abstract

This study analyses provocation as a defense to criminal liability. 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 defense of provocation is available as a mitigating defense rather than an absolute defence. It�s mitigates murder to manslaughter, provided it was done in the heat of passion, loss of self control, when there was a wrongful act or insult and it has gone through the objective and subjective test. Provocation has been subjected to a considerable degree of criticism across global jurisdictions due to moral boundary that exist between murder and manslaughter. This study adopts the doctrinal method using primary sources which include case laws, statutes, books, encyclopedia, articles. The aim of this study is to conduct a comprehensive analysis of relevant case studies where provocation has been used as a defence exploring legal arguments and their various outcomes. This work finds that the defence of provocation is full of contradictions,pertaining to the reasonable man and it further finds that the defence emphasis is on the element of loss of self control as a factor in reducing moral responsibility. This study recommends that the proportionality rule in Nigeria should be modified rather than excluded to align with public policy. This study concludes that the law should be critical in giving concession to human weakness when deciding Cases of provocation.

Identifiers

Resource ID

urn:uuid:cf0868b8-af5f-4028-8172-4295bb606d91