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      02-18-2013, 02:18 PM   #55
gatorfast
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Quote:
Originally Posted by Inspired
Quote:
Originally Posted by gatorfast View Post
Well I guess what you consider a rational human reaction and what I do are totally different. Per your quote above "3) the provocation would have caused the average person to act rashly"


Aside from you, I dont think anyone else on here would agree that the average person would resort to physically beating a person because that person laughed at him in some sandwich shop

And while yes, you are correct that this was not a bar fight, I think that example more closely models this situation than yours. In a bar fight you are intending to do harm (but not kill) and if you happen to kill the person it would likely be murder in the 2nd degree. This was a fight (albeit a one-sided fight) in a sandwich shop whereby the perp was intending to inflict harm.
You wouldn't flip out if you were being laughed at for dropping your sandwich? A normal person wouldn't be very happy if you were being laughed at for dropping a sandwich.

Where did I say I would resort to violence? I wouldn't resort to violence but I would most likely flip this person off if they laughed at me, which is considered acting rashly and heat of passion.
No actually, I wouldn't care if someone laughed. While perhaps there would be an instance of anger I think I would quickly realize I would likely do the same thing (laugh) if I saw this happen to someone else. I would most certainly not start a confrontation over it.

I did not say you personally would use violence in the same situation but you more or less insinuated it by deeming that this person acted rationally. You made the argument that manslaughter was the correct conviction based on this being a crime of passion. I disagreed stating that beating someone to death would not be the response of the average person.
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