cooling-off requirement or defendants who discovered infidelity. 192Berman and Farrell make this distinction between excused emotion and justified emotion. Otherwise, we have a case of voluntary anger, no more morally deserving of mitigation than voluntary intoxication.). This Comment concludes that a provocation standard that incorporates evolutionary analysis will better tailor manslaughter mitigation to apply to homicide in a more just and systematic way. The question remains whether this status is desirable, which is not argued here. A reasonable person would not have cooled down. 233Nourse, supra note. 210.3 cmt. Still others posit that humans possess a mixed or pluralistic mating repertoire and that men and women each evolved facultative strategies of their own. 16 See infra Part.B.
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The fluid opinion of what society believes to be acceptable and unacceptable does not have influence on the inherently genetic design of cognition; 104 Steven Pinker, The Blank Slate: The Modern Denial of Human Nature 6072 (2002) (explaining that culture is grounded in psychological mechanisms. Throughout the nineteenth century, courts used the temporary insanity defense to address homicides for particularly sympathetic situations that fell outside the in flagrante delicto paradigm. Our ancestral mothers faced the risk of losing time, resources, and commitment from a mate toward her and her offspring if he abandoned her or diverted resources to other partners. At common law, the homicide must have been committed suddenly before a reasonable time for the passion to cool; 223Williams. In a desperate and passionate response to this sudden discovery of abandonment, Moriarty stabbed him twice in the chest, killing him. 166Buss., supra note 116, at 25455; Edlund., supra note 116, at 462; Achim Schützwohl, Which Infidelity Type Makes You More Jealous? 195 See,.g., Rozelle, supra note 7, at 199 (arguing that we should expect people to fully control their actions when faced with an unfaithful spouse). 212, 219 (1862) (suggesting that the law is meant to mitigate for the frailties of human nature). 1986) (For provocation to be adequate, it must be calculated to inflame the passion of a reasonable man and tend to cause him to act for the moment from passion rather than reason. By exploring why sexual infidelity would provoke passion sufficient for homicidal rage, the Comment develops a mitigating standard for adultery that is consistent with evolutionary analysis and notions of gender equality. 20As discussed below, sexual infidelity is only one threat against a humans reproductive fitness.
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