A crime of passion (), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger or jealousy rather than as a premeditated crime. A high level of social and legal acceptance of crimes of passion has been historically associated with France from the 19th century to the 1970s, and until recently with South America.
Description
The "crime of passion" defense challenges the mens rea element by suggesting that there was no malice aforethought, and instead the crime was committed in the "heat of passion". In some jurisdictions, a successful "crime of passion" defense may result in a conviction for manslaughter or second degree murder instead of first degree murder, because a defendant cannot ordinarily be convicted of first degree murder unless the crime was premeditated. A classic example of a crime of passion involves a spouse who, upon finding their partner in bed with another, kills the romantic interloper.
Additionally, the gay panic defense and or "trans panic" defenses can from time to time fall under the label of a "crime of passion", as was the defense of Michael Magidson and José Merel after they were put to trial after murdering trans woman Gwen Araujo.
In the United States, claims of "crimes of passion" have been traditionally associated with the defenses of temporary insanity or provocation. It was used as a defense in murder cases during the 1940s and 1950s. Historically, such defenses were used as complete defenses for various violent crimes, but gradually they became used primarily as a partial defense to a charge of murder; if the court accepts temporary insanity, a murder charge may be reduced to manslaughter.
In some countries, notably France, crime passionnel (or crime of passion) was a valid defense to murder charges. During the 19th century, some such cases resulted in a custodial sentence for the murderer of two years. After the Napoleonic Code was updated in the 1970s, paternal authority over the members of the family was ended, thus reducing the occasions for which crime passionnel could be claimed. The Canadian Department of Justice has described crimes of passion as "abrupt, impulsive, and unpremeditated acts of violence committed by persons, who have come face to face with an incident unacceptable to them, and who are rendered incapable of self-control for the duration of the act."
Crimes of passion were widely accepted in Southern United States states, especially in Texas. Texas, unlike most other states, did not only tolerate such crimes, but had a law which codified such killings as justifiable. Until 1973, Texas had a law which stated: "Homicide is justifiable when committed by the husband upon one taken in the act of adultery with the wife, provided that the killing takes place before the parties to the act have separated. Such circumstance cannot justify a homicide where it appears that there has been, on the part of the husband, any connivance or assent to the adulterous connection." This law was repealed in 1973 by Senate Bill 34 during the 63rd Regular Session of the Texas Legislature.
Advocacy In recent decades, feminists and women's rights organizations have worked to change laws and social norms which tolerate crimes of passion against women. UN Women has urged states to review legal defenses of passion and provocation, and other similar laws, to ensure that such laws do not lead to impunity in regard to violence against women, stating that "laws should clearly state that these defenses do not include or apply to crimes of "honour", adultery, or domestic assault or murder."
The Council of Europe Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence states that member states should "preclude adultery as an excuse for violence within the family".
There are differences between crimes of passion (which are generally impulsive and committed by and against both genders) and honour killings, as "while crimes of passion may be seen as somewhat premeditated to a certain extent, honour killings are usually deliberate, well planned and premeditated acts when a person kills a female relative ostensibly to uphold his honour." However, Widney Brown, advocacy director for Human Rights Watch, argued that "crimes of passion have a similar dynamic in that the women are killed by male family members and the crimes are perceived as excusable or understandable". Some human rights advocates say that the crimes of passion in Latin America are treated leniently. Crimes of passion and honor killings often have similar triggers, particularly related to the sexual behavior (real or imaginary) of the victim, such as extramarital sex, premarital sex or homosexuality; and there have been accusations that the Western media creates artificial differentiation between the 'foreign' forms of domestic violence, such as the honor killings that are most prevalent in the Middle East and South Asia, and the crimes of passion that are relatively common in North America, Europe and Latin America.
The Council of Europe Convention on preventing and combating violence against women and domestic violence, the first legally binding international document on domestic violence, states at Article 42:
In recent years, advocacy and legal reform has focused on several areas of laws: repealing provisions which explicitly provided for mitigation or acquittal in crimes of passion (most such provisions focused on husbands killing wives due to adultery and fathers killing daughters due to premarital sex, e.g. such a law existed in Italy until 1981 - see below) reforming self defense laws by ensuring that vague wording does not lead to broad interpretation of the concept, such as the self-defense of family honor or reputation; according to UNWOMEN, "Drafters should scrutinize self-defense provisions for vagueness that leaves open to interpretation whether the harm includes injury to "honour". Wording such as "dangerous or unjust act" are vague and leave open to judicial discretion whether such self-defense provisions apply to "honour" crimes". reforming insanity related defenses, such as insanity, temporary insanity, irresistible impulse, diminished responsibility and other similar defenses to ensure that such defenses refer to genuine psychiatric medical conditions or genuine inability to comprehend due to objective factors (such as inhaling toxic fumes) and are not used as a legal fiction meant to justify domestic murders. reforming the provocation defense, particularly with regard to the triggers that can be claimed. For example, Canada has modified its provocation law in 2015, restricting its use, such that the provocative behavior of the victim must constitute a criminal offense punishable by 5 or more years (rather than just "insult").
Crimes of passion and attitudes towards women Crimes of passion are often committed against women due to beliefs about female sexuality and are often present in societies dominated by strong double standards related to male and female sexual behaviors, particularly related to premarital sex and adultery. Indeed, with regard to adultery, many societies, such as Latin American countries, have been dominated by very strong double standards regarding male and female adultery, with the latter being seen as a much more serious violation.The Oxford Handbook of Latin American History, edited by Jose C. Moya, p. 387.For Tranquility and Order: Family and Community on Mexico's Northern Frontier, 1800–1850, by Laura M. Shelton, pp. 76–87. Such ideas were also supported by laws in the West; for example, in the UK, before 1923, a man could divorce solely on the wife's adultery, but a woman had to prove additional fault (e.g., adultery and cruelty). Similarly, passion defenses to domestic murders were often available to men who killed unfaithful wives, but not to women who killed unfaithful husbands (France's crime of passion law, that was in force until 1975, is an example). In traditional societies, women could not complain about mistresses, concubines, and in many cultures even other wives (such as polygyny); whereas male sexual jealousy was recognized as the highest emotion that could justify even murder. Similarly, crimes of passion legislation made reference to fathers killing their daughters, but not sons, for premarital sex (such as Italy's law that was in effect until 1981); or Philippines's law that continues to be in effect to this day (see Art. 247 called Death or physical injuries inflicted under exceptional circumstances.). With regard to Philippines, this double standard is also seen in the crimes dealing with extramarital sex, which are defined differently for women and men, and punished more severely for women (see Articles 333 and 334).
Historically, some societies considered homicide committed by a wife against her husband as a more severe crime than homicide committed by a husband against his wife. This was the case in the UK, where, under English law, until 1828, homicide committed against a social superior, which included a wife killing her husband, was classified as petty treason and was a crime more severe than murder, because it was seen as threatening the hierarchical social order. In England and Wales, petty treason ceased to be a distinct offence from murder by virtue of the Offences against the Person Act 1828. It was abolished in Ireland in 1829.9 Geo.4 c. 31, sections 1 and 3.
In the Roman Empire the Roman law Lex Julia de adulteriis coercendis implemented by Augustus Caesar in 18 BC permitted the killing of daughters and their lovers who committed adultery at the hands of their fathers and also permitted the killing of the adulterous wife's lover at the hand of her husband.
Crimes of passion and juries