Wednesday, December 8, 2004
Australia is considering wide-ranging changes in the law of homicide, including abolition of the defense of provocation (what Americans would call heat-of-passion or extreme emotional disturbance), and changing the imminence requirement to "immediately necessary" to allow the defense more readily in battered spouse cases. The discussion is based on a report by the Victorian Law Reform Commission which has studied the issue for three years.
Meanwhile, Scotland is considering eliminating the famous "Scotch Verdict"--"not proven" as an alternative to guilty or not guilty. [Jack Chin]