The prosecutor claims that no jury in the state is going to think a reasonable person would be equally provoked…
Is that for the prosecutor to decide? The prosecutor doesn’t get to decide which defense the defendant should go with, does he? Of course he knows which ones might stand a better chance than others, but if he wants to roll the dice on a jury feeling that his behavior was reasonable, isn’t that something that he’s allowed to do?
I’d say “yes”, because a jury WILL make the decision. He’s either guilty or innocent of that particular charge.
The prosecutor does not get to choose which defense the defendant uses. He’s just telling the guy (and us) that this particular defense isn’t likely to work nowadays.
If this were a real case that went to trial, nothing’s stopping the defendant from making the argument to a jury.
The jury would be lying then.
Most people would throw nearby things at their partner (and often hit them) and destroy property if they believed they had caught them cheating.
Some would even plot or talk about murder. Although this clearly wasn’t an attempt to murder, it was just a temper tantrum.
Speak for yourself.
>Threw a heavy object with the intent to cause physical harm
>Just a temper tantrum
Okay, sure, dude. Whatever you say.
But he didn’t catch her, he only suspected it. She may have been innocent.
So if the defense attorney could manage to get a jury together of people like you, the defense might fly. Not gonna’ be easy.
For that matter, he was waiting for her to come home. Sure, things escalated once she did, but I suspect that the time involved would weaken his claim to the “heat of passion” part of it.