Provocation Threshold
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL2
Example wrong choices
19864_vineyard_malice · CRIMINAL · Choice AVoluntary manslaughter, because Silas was acting under the heat of passion caused by the destruction of his livelihood.
Why it's attractive
Incorrect because property damage is not legally adequate provocation to reduce murder to manslaughter.
Why it's wrong
Incorrect because property damage is not legally adequate provocation to reduce murder to manslaughter.
19864_vineyard_malice · CRIMINAL · Choice CInvoluntary manslaughter, because Silas expressly disclaimed any intent to kill Malchus.
Why it's attractive
Incorrect; a specific intent to kill is not the only way to satisfy the malice requirement.
Why it's wrong
Incorrect; a specific intent to kill is not the only way to satisfy the malice requirement.
19864_vineyard_malice · CRIMINAL · Choice DNo homicide offense, because the resulting death exceeded the specific harm Silas intended to cause.
Why it's attractive
Incorrect; a defendant is liable for the death if they act with the malice of intent to cause SBI.
Why it's wrong
Incorrect; a defendant is liable for the death if they act with the malice of intent to cause SBI.
20820_ferry-ride · CRIMINAL · Choice AYes, because the killing happened immediately after the insult
Why it's attractive
It sells immediacy as if timing could replace adequate provocation.
Why it's wrong
It sells immediacy as if timing could replace adequate provocation.
20820_ferry-ride · CRIMINAL · Choice CNo, because voluntary manslaughter requires premeditation
Why it's attractive
It confuses a murder element with a manslaughter mitigation rule.
Why it's wrong
It confuses a murder element with a manslaughter mitigation rule.
20820_ferry-ride · CRIMINAL · Choice DYes, because Peter's accusation was humiliating and made Esther actually angry
Why it's attractive
It elevates humiliation and anger to the level of legal adequacy.
Why it's wrong
It elevates humiliation and anger to the level of legal adequacy.
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