The Illustrated Guide to Criminal Law
Chapter 11: Excuse Me!
Excuse pg 11: Evolving values mean evolving defenses
So what a jury thinks is reasonable is going to vary from place to place, and through time, as attitudes change and evolve.
Men in Regency dress, one duelist is dead with a sword in his chest, the other duelist is justifying himself while other men look on.
DUELIST
He knocked my hat off!
ONLOOKERS
You did the right thing.
The defense of provocation is one that seems to be evolving out of existence. Fewer and fewer people would think themselves excused for killing someone who just got them really upset. So fewer and fewer juries will excuse someone else for doing it.
People in modern dress, one man dead of a gunshot to the chest, another man justifying himself while other people look on.
SHOOTER
I caught him fondling my wife!
ONLOOKERS
That’s no excuse!