Have you ever heard anyone refer to a crime of passion and wondered exactly what this meant? If so, it's important to look into, as it can sometimes be used as part of a legal defense in Canada.
Essentially, a crime of passion is one committed almost on instinct alone, while emotions are running high. The implication is that the person who committed the crime did not even have a chance to step back and consider what he or she was about to do or the real ramifications of doing it.
Perhaps the most common example is if a husband returns home early and finds out that his wife has been having an affair, catching her and her lover together. He then assaults the other man in a "blind rage," not thinking of anything, but just acting out of surprise and anger. If the other man is killed, it could be said to be a crime of passion.
In court, the argument is that the husband never intended to kill the other man. He certainly did not have any premeditated intent to carry out the deed. His sense of reason was overcome by his passion, and he acted irrationally, in a way he would never act under normal circumstances and would likely never do again.
This can be important because manslaughter chargers are not tied to intent, but murder charges are. If there is no intent to kill, in some cases, it can be harder for a jury to convict on a murder charge if it is a crime of passion.
All cases are different, but it's important to know all of the defense strategies that can be used.
Source: Cornell Law School, "Crime of Passion," accessed Feb. 05, 2016
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