| Description |
1 online resource (streaming video file) (51 min. 54 sec.) ; 301112687 bytes |
| Summary |
Provocation is a partial defence to murder, which - if accepted by the jury - results in a conviction for manslaughter instead of murder. And that means a lesser sentence. It has been traced back to 16th and 17th century England, when brawls and fights arising from 'breaches of honour' were common, and the sentence for murder was death. Supporters of the defence in modern times say that it acknowledges that even reasonable, ordinary people can in some cases be pushed to the brink and momentarily lose control and kill someone. They say it's critical that the defence be retained in some form, so it can be used for people including victims of domestic violence who snap and kill their spouses. But critics of the provocation defence say it's being overused by men in cases of sexual jealousy. The defence has been abolished in Victoria, Western Australia and Tasmania. New South Wales is currently holding an inquiry into it. This week, Insight discusses whether provocation has a place in modern day courts in Australia and how we deal with often murky cases of murder and manslaughter. Producers: Jane Worthington and Skye Docherty Associate Producers: Saber Baluch and Kym MiddletonInsight is presented by Gold Walkley Award-winning journalist Jenny Brockie. The discussion continues online each week at sbs.com.au/insight, and on Twitter #insightSBS. (An SBS Production) (Final) CC |
| Event |
Broadcast 2012-11-06 at 20:30:00 |
| Notes |
Classification: NC |
| Subject |
Family violence -- Law and legislation.
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Murder -- Law and legislation.
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Provocation (Criminal law)
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Self-defense (Law)
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Australia.
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| Form |
Streaming video
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| Author |
Beck, Shaye, contributor
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Cleary, Phil, contributor
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Ellis, Tim, contributor
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Green, Betty, contributor
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Ierace, Mark, contributor
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Kaur, Jaspreet, contributor
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Malhi, Taran, contributor
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Osland, Heather, contributor
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Stary, Rob, contributor
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Stubbs, Julie, contributor
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