Crime of passion
Encyclopedia
A crime of passion, or crime passionnel, in popular usage, refers to a crime in which the perpetrator commits a crime, especially assault
or murder
, against someone because of sudden strong impulse such as sudden rage
or heartbreak
rather than as a premeditated crime. A typical crime of passion might involve an aggressive pub-goer who assaults another guest following an argument or a husband
who discovers his wife
has made him a cuckold
and proceeds to brutally batter
or even kill his wife and the man with whom she was involved.
In the United States civil courts, a crime of passion is referred to as "temporary insanity". This defense was first used by U.S. Congressman
Daniel Sickles
of New York
in 1859 after he had killed his wife's lover, Philip Barton Key, but was most used during the 1940s and 1950s.
In some countries, notably France
, crime passionnel (or crime of passion) was a valid defense during murder cases; during the 19th century, some cases could be a custodial sentence
for two years for the murderer, while the spouse was dead; this ended in France as the Napoleonic code
was updated in the 1970s so that a specific father's authority upon his whole family was over.
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
or murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, against someone because of sudden strong impulse such as sudden rage
Rage (emotion)
Rage is a feeling of intense anger. It is associated with the Fight-or-flight response and oftentimes activated in response to an external cue, such as the murder of a loved one. The phrase, 'thrown into a fit of rage,' expresses the immediate nature of rage that occurs before deliberation. If left...
or heartbreak
Heartbreak
Heartbreak may refer to:*Broken heart, the emotions felt after the end of a romance, or grief or disappointment*Battle of Heartbreak Ridge, a Korean War battle in 1951*Heartbreak Hill , several different locations...
rather than as a premeditated crime. A typical crime of passion might involve an aggressive pub-goer who assaults another guest following an argument or a husband
Husband
A husband is a male participant in a marriage. The rights and obligations of the husband regarding his spouse and others, and his status in the community and in law, vary between cultures and has varied over time...
who discovers his wife
Wife
A wife is a female partner in a marriage. The rights and obligations of the wife regarding her spouse and others, and her status in the community and in law, varies between cultures and has varied over time.-Origin and etymology:...
has made him a cuckold
Cuckold
Cuckold is a historically derogatory term for a man who has an unfaithful wife. The word, which has been in recorded use since the 13th century, derives from the cuckoo bird, some varieties of which lay their eggs in other birds' nests...
and proceeds to brutally batter
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
or even kill his wife and the man with whom she was involved.
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Daniel Sickles
Daniel Sickles
Daniel Edgar Sickles was a colorful and controversial American politician, Union general in the American Civil War, and diplomat....
of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in 1859 after he had killed his wife's lover, Philip Barton Key, but was most used during the 1940s and 1950s.
In some countries, notably France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, crime passionnel (or crime of passion) was a valid defense during murder cases; during the 19th century, some cases could be a custodial sentence
Custodial sentence
A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic and/or educational institution, such as a reformatory, psychiatry or drug detoxification...
for two years for the murderer, while the spouse was dead; this ended in France as the Napoleonic code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
was updated in the 1970s so that a specific father's authority upon his whole family was over.