Remnants and Loopholes
I'm doing research on state homicide statutes, and ran across a couple peculiar provocation-related clauses that I thought I'd pass on. I think the first is likely meant to overturn old common law provocation categories, and the latter is just a safeguard against a particularly strange use of the provocation defense.
Maryland (2-207. Manslaughter):
(b)The discovery of one's spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.
Minnesota (609.20. Manslaughter):
(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under the circumstances, provided that the crying of a child does not constitute provocation. (emphasis added)
UPDATE: Here's another, from New Hampshire (630:1-a. First Degree Murder):
I. A person is guilty of murder in the first degree if he:
(b)Knowingly causes the death of:
(4)The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of New Hampshire or any state or any member or member-elect of the congress of the United States, or any candidate for such office after such candidate has been nominated at his party's primary, when such killing is motivated by knowledge of the foregoing capacity of the victim. (emphasis added)
Fortunately, if you didn't know or didn't care that it was the President, it's only 2nd-degree murder.


