Deliberate Provocation Is A Real Doctrine
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
16032_solomon_treasurer_vote · CRIMINAL · Choice AYes, because of Solomon's extreme possessiveness about his role as treasurer.
Why it's attractive
The stem is loaded with evidence of Solomon's subjective passion. But heat of passion is tested against the ORDINARY PERSON — his extreme possessiveness is legally irrelevant. Cut at CLASH when Gold Key fires.
Why it's wrong
The stem is loaded with evidence of Solomon's subjective passion. But heat of passion is tested against the ORDINARY PERSON — his extreme possessiveness is legally irrelevant. Cut at CLASH when Gold Key fires.
16032_solomon_treasurer_vote · CRIMINAL · Choice CNo, on the theory of mistaken justification.
Why it's attractive
Mistaken justification requires the defendant to have believed the killing was justified (e.g., mistaken self-defense). Nothing in the stem suggests Solomon thought he was justified. He acted in rage — the wrong scenario for this doctrine.
Why it's wrong
Mistaken justification requires the defendant to have believed the killing was justified (e.g., mistaken self-defense). Nothing in the stem suggests Solomon thought he was justified. He acted in rage — the wrong scenario for this doctrine.
16032_solomon_treasurer_vote · CRIMINAL · Choice DYes, on the theory of deliberate provocation.
Why it's attractive
No recognized doctrine called 'deliberate provocation' exists that reduces murder to manslaughter. The phrase sounds like a legal theory but is invented. Cut immediately.
Why it's wrong
No recognized doctrine called 'deliberate provocation' exists that reduces murder to manslaughter. The phrase sounds like a legal theory but is invented. Cut immediately.
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