Loss Of Control Flashcards
1
Q
What is the first element of LoC ?
A
D must have lost self control
(There can be a delay between the trigger and the killing)
2
Q
What is the second element?
A
The loss of control must come from a qualifying trigger:
-fear
-anger
3
Q
What are excluding triggers?
A
Sexual infidelity
(Taunting on the subject may suffice)
If Defendant provokes invites fear or anger in order to use violence loss of control will not suffice.
4
Q
What is the third element?
A
Whether a person of Ds own sex and age in Ds circumstance would act the same or similar.
