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Topic: Provocation

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	Provocation - Wikipedia, the free encyclopedia
		The term provocation, besides its generic meaning of "an act to be a cause of something", has the following technical meanings.
		Provocation within a (political) group as a means to disrupt its activity.
		Provocation, a way of medical testing, e.g., for allergy.
	en.wikipedia.org /wiki/Provocation (109 words)

	Lawlink NSW: 2. The Defence of Provocation
		In our reformulation of the defence of provocation, we recommend the abolition of the ordinary person test, focusing instead on the individual accused’s mental state rather than whether his or her actions were justified, in light of the gravity of the victim’s conduct as assessed according to the standards of a hypothetical ordinary person.
		The defence of provocation remains necessary as a means of involving the community, as represented by the jury, in the process of determining the degree of an accused’s culpability according to his or her loss of self-control in response to provocation.
		In addition, it may be argued that a requirement under the defence of provocation for a suspension of the accused’s reason is inconsistent with another element of the defence, that the accused intended to kill or to cause grievous bodily harm or to act with reckless indifference to human life.
	www.lawlink.nsw.gov.au /4a2565b5001b20d1/9a0e99b46a7710e24a2565f50005f875/71198f3aa89059584a2565e0001d40e7?OpenDocument (15549 words)

	THE PROVOCATION DEFENCE
		The subsections of the statutory provocation defence (ss.
		In order for the statutory provocation defense to be invoked, the jury has to answer four questions with "yes." These are safeguard questions; their function is to further assess the legitimacy of the defence’s use for the case in question.
		Although the provocation defence was developed as a recognition of "human frailty", a thorough investigation of its history and development by Professor Jeremy Horder, in Provocation and Responsibility, demonstrates conclusively that the characterization of the purpose of the provocation defence is profoundly mistaken.
	www.zerotolerance.ca /2_provocation_def.htm (1553 words)

	Law Matters - 9/07/01: Episode 7: Manslaughter/Provocation (Site not responding. Last check: 2007-09-17)
		Provocation is particularly provocative in the context of intimate homicides.
		Provocation, it's said, is a defence designed for male patterns of aggression.
		Provocation could be simply a mitigating factor for the sentencing judge to weigh up.
	www.abc.net.au /lawmatters/s326261.htm (1843 words)

	'Provocation' and misogyny - Opinion - www.theage.com.au
		Originally, the trial judge said this was not a situation of provocation and she received a murder conviction.
		It is misguided to suggest that she would have "been unjustly convicted of murder" without the defence of provocation: a very public campaign and a sympathetic jury acquitted her, not the defence of provocation that technically can only ever reduce a murder charge to a manslaughter conviction.
		Provocation has to be stretched and pulled to respond to the common situations in which women kill, as it developed responding to the common situations in which men kill.
	www.theage.com.au /news/Opinion/Provocation-and-misogyny/2004/12/19/1103391634379.html (969 words)

	Legal Definition of Provocation
		Provocation simply, unaccompanied by a crime or misdemeanor, does not justify the person provoked to commit an assault and battery.
		But when the provocation is given for the purpose of justifying or excusing an intended murder, and the party provoked is killed, it is no justification.
		The unjust provocation by a wife of her hushand, in consequence of which she suffers from his ill usage, will not entitle her to a divorce on the ground of cruelty; her remedy, in such cases, is by changing her manners.
	www.lectlaw.com /def2/p197.htm (140 words)

	Provocation - is it past its use-by-date?
		And what we found there was that none of the women who raised provocation as a defence were convicted of murder; four of the seven were convicted of manslaughter and a couple were acquitted, and so on.
		In the code States, provocation exists as a defence to assault, it also applies in the same way in the common law to reduce murder to manslaughter in the appropriate circumstances.
		He was described as a conservative, traditional, Turkish Muslim, and in that context it was said it was particularly offensive that she did this, and provocation was put by the jury and presumably found by them, because he got a manslaughter conviction.
	www.ncsmc.org.au /usefulbox/Provocation.htm (3810 words)

	==>Anime Evolution<==
		Provocation: Keitaro, the 2-time entrace exam flunkee causes Naru to fall and she sees him trying to catch a glimpse.
		Provocation: Su jumps on Keitaro in the middle of the street and Naru assumes Keitaro is hitting on a jr.
		Provocation: Keitaro was a little slow to respond to Naru's question about the condition he promised to being a manager of the house..
	www.geocities.com /xtremeeater/LHnarustrikes.htm (975 words)

	Provocation Essay
		It could be argued that the choice of the Courts to accept battered woman's syndrome has blurred the distinction between diminished responsibility and provocation, this could lead to long and ludicrous court cases which could confuse juries and cause inappropriate decisions.
		In Brown 1972, a plea for provocation was refused, for a man who cut his wife with a razor, after she merely scratched him with a poker, the conviction for murder was upheld as the jury believed the reasonable man would not have reacted in such an extreme and unproportional way.
		The case of Bedder v DPP 1954 governed a strictly objective test for the jury's decision on this element of provocation, the accused had been able to get an erection when attempting to have sexual intercourse with a prostitute, she then taunted him, causing him to lose his temper and kill her.
	www.coursework.info /i/71478.html (512 words)

	Provocation (Site not responding. Last check: 2007-09-17)
		It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law.
		The Court instructs the jury that reasonable provocation means those certain acts committed against the defendant which would cause a reasonable man to kill.
		Inherent in this concept is the further requirement that the provocation be such that it would cause a reasonable person to lose control of himself and act out of the heat of passion, and that he did in fact do so.
	www.state.wv.us /wvsca/jury/crim/provocation.htm (143 words)

	Drop provocation defence, says judge - theage.com.au
		Ruling against a convicted murderer's appeal that he should have been allowed a defence of provocation, Justice O'Bryan yesterday said provocation was anachronistic in the law of murder, since capital punishment had been abolished.
		Unlike self defence, which is a full defence to murder, provocation is a partial defence, reducing the offence to manslaughter.
		Law reform campaigner and former federal MP Phil Cleary said that if provocation was to be retained in some form, then a woman's right to leave a relationship had to be recognised.
	www.theage.com.au /articles/2002/09/10/1031608244986.html (531 words)

	Provocation-Neutralization Testing
		Stephen Barrett, M.D. Provocation and neutralization are used by "clinical ecologists" to diagnose and treat alleged sensitivities to foods and environmental chemicals.
		During provocation, the patient is asked to report any symptoms that develop after various concentrations of suspected substances are administered under the tongue or injected into the skin.
		Each of the patients had tested positive during provocation testing with special preservative-free extracts of food or alcohol, the contents of which were known to the clinical ecologist.
	www.quackwatch.org /01QuackeryRelatedTopics/Tests/provneut.html (519 words)

	ABC Politics - 05/07/02 : Labor pledges to abolish provocation defence if re-elected
		Provocation rests on the accused showing that he or she became so enraged that self-control was lost.
		A successful plea of provocation may result in a conviction of murder being reduced to manslaughter.
		"At present a successful plea of provocation can reduce convictions of murder to lesser convictions of manslaughter and certainly we share the community's values that this is not an acceptable outcome and accordingly we will abolish the defence of provocation," Mr Llewellyn said.
	www.abc.net.au /news/politics/2002/07/item20020705082921_1.htm (337 words)

	DOMESTIC VIOLENCE AND THE PROVOCATION DEFENCE
		In its ruling on the Stone case, the Supreme Court determined that an accused who benefits from the argument of provocation is entitled to rely on the same argument for sentencing purposes.
		As the successful application of a provocation defence reduces the accused's offence from murder to manslaughter, it also mitigates his sentence for a manslaughter conviction.
		Louise Hardy's efforts and position on the need to abolish the defence of provocation is summed up in an article written in October, 2000 with the hope that it would evoke interest in the issue.
	www.zerotolerance.ca (1970 words)

	Lawlink NSW: 3. Provocation
		When fairly raised by the evidence, provocation becomes a matter which the prosecution is required to “negative” or disprove, as part of the its general obligation to prove its case beyond a reasonable doubt.
		If provocation can be raised and functions to reduce the charge to attempted manslaughter, there is concern that the archaic rule that a conviction for a misdemeanour (attempted manslaughter) cannot be returned on an indictment for a felony (attempted murder) would pose difficulties for the prosecution.
		One reason is that provocation relies on the notion that the killer lost her self-control which may not in fact be the case in these circumstances.
	www.lawlink.nsw.gov.au /lrc.nsf/pages/dp31chp3 (13922 words)

	"Not Instruction, but Provocation": Doing Theology at a New Divinity School
		Provocation, the dictionary says, can be "to incite to anger or resentment," a frightening possibility in any school, and not desired here.
		But it can also mean, "to stir," "to challenge," or "to call forth." So tonight, let us say that, at least in part, this new school seeks to provide, not simply instruction, but provocation that stirs up students, challenging them, and calling forth from them ideas and issues that help to form their Christian ministry.
		In a sense, this new divinity school is an effort to provide graduate ministerial education in a university that began in 1834, in part to educate ministers.
	www.wfu.edu /www-data/wfunews/1999/101299s.htm (3324 words)

	Media Release: ABOLITION OF PROVOCATION AS A DEFENCE TO HOMICIDE (Site not responding. Last check: 2007-09-17)
		Mr Thwaites said an accused killer would not be able to argue he or she was provoked to kill and have the level of responsibility reduced from murder to manslaughter.
		He said the law of provocation no longer had a place in a modern, civilised society.
		The VLRC was asked to review defences and excuses to the crime of homicide, such as provocation, in September 2001.
	www.dpc.vic.gov.au /domino/Web_Notes/newmedia.nsf/8fc6e140ef55837cca256c8c00183cdc/0c9a5791dc5ebd4fca256f8f00769a4c?OpenDocument (353 words)

	Cornell Journal of Law and Public Policy : Provocation's privileged desire: the provocation doctrine, "homosexual ... (Site not responding. Last check: 2007-09-17)
		Current Article: Provocation's privileged desire: the provocation doctrine, "homosexual panic," and the non-violent unwanted sexual advance defense.
		Start / C / Cornell Journal of Law and Public Policy / September 22, 2000 / Provocation's privileged desire: the provocation doctrine, "homosexual panic," and the non-violent unwanted sexual advance defense.
		Provocation's privileged desire: the provocation doctrine, "homosexual panic," and the non-violent unwanted sexual advance defense.
	static.highbeam.com /c/cornelljournaloflawandpublicpolicy/september222000/provocationsprivilegeddesiretheprovocationdoctrine (142 words)

	S. Korean Armed Forces' Military Provocation in West Sea under Fire
		At around 10:55 that morning, their combat warships perpetrated such reckless provocation as firing several shells at a patrol boat of the Navy of the KPA on a routine guard duty in the waters of the north side.
		Such military provocation committed by them in broad daylight in the sensitive waters in the West Sea where two skirmishes occurred is an unpardonable provocation and a blatant challenge to the north in the light of the present inter-Korean relations.
		The south Korean armed forces deliberately committed this armed provocation which may give rise to another skirmish in the West Sea at a time when the U.S. imperialists' moves to stifle the DPRK by force of arms have reached an extreme phase.
	www.globalsecurity.org /wmd/library/news/dprk/2004/11/dprk-041103-kcna01.htm (264 words)

	Social Behavior and Personality: Gender bias in the interpretation of ambiguous provocation situations
		In this task, children are read stories in which a same-sex peer causes a clearly negative act of instrumental aggression, (e.g., a child is hit in the back with a ball) but the intent of the peer causing this negative event is ambiguous.
		To test the proposition that there is gender bias when interpreting ambiguous provocation situations, children interpreted a series of ambiguous provocation stories.
		In the ambiguous provocation story task, a same-sex peer causes a clearly negative event to happen (e.g., a child is hit in the back with a ball) but the intent of the peer causing this negative event is ambiguous.
	www.findarticles.com /p/articles/mi_qa3852/is_199901/ai_n8832787 (1320 words)

	Provocation - Creativity Techniques, Lateral & Creative Thinking Technique
		Provocation is one of the tools we use to make links between these patterns.
		Provocation is an important lateral thinking technique that helps to generate original starting points for creative thinking.
		To use provocation, make a deliberately stupid comment relating to the problem you are thinking about.
	www.mindtools.com /pages/article/newCT_08.htm (1485 words)

	CHEST: Inhalation Provocation Tests in Chronic Bird Fancier's Lung - ) (Site not responding. Last check: 2007-09-17)
		The purpose of the current study was to evaluate the validity of inhalation provocation test in the diagnosis of chronic BFL, including fluctuating and insidious BFL.
		Reproduction of symptoms of HP by an environmental provocation or laboratory-controlled inhalation of the avian antigen.
		Inhalation provocation challenge was conducted in four asymptomatic bird owners and two IPF patients as control subjects.
	www.findarticles.com /p/articles/mi_m0984/is_5_118/ai_67708342 (958 words)

	No provocation? Are you looney? (Site not responding. Last check: 2007-09-17)
		And then there are the dozens of little United Fruit wars in Latin America going back through the 1930s to the Spanish-American war, none of which had direct provocation.
		As for the Spanish-American War itself, the sinking of the USS Maine was in all likelihood a fabrication, or at least a willful and deceitful misattribution of aggressive responsibility to the enemy for an internal accident.
		Well, I think the Washington Post would be hard-pressed to come up with “direct provocations” for most of them.
	home.earthlink.net /~joeh/Provocation.htm (933 words)

	Ann Intern Med -- Rapid Responses for Messaad et al., 140 (12) 1001-1006
		The study by Messaad and colleagues (1) is the first publication clearly describing the indications, contraindications, methodology and outcomes of drug provocation tests based on recently published guidelines from the European Network for Drug Allergy of the European Academy of Allergology and Clinical Immunology (2).
		Any relationship between the last provocation dose achieved or the total cumulative provocation dose may also be helpful in anticipating the onset of a positive test.
		It must be emphasized that the risks-benefits of drug provocation tests and the absence of other equally efficacious alternative drugs are important practical considerations in deciding whether drug provocation tests should be carried out at all.
	www.annals.org /cgi/eletters/140/12/1001 (602 words)

	Sharon in 9/11 War Provocation?
		Two factors may be impelling Sharon to take such provocative steps.
		First, there is a growing chorus of leading U.S. military figures, active duty and retired, and prominent Republican Party foreign policy mandarins, who are voicing opposition to the war against Saddam Hussein's Iraq.
		Several former associates of the late Rabbi Meir Kahane, of the Jewish Defense League terrorist organization, are said to be protecting Eytan.
	www.larouchepub.com /pr/2002/082802sharon_911.html (937 words)

	News - Nasal Provocation Test Helps Diagnose Aspirin-Induced Asthma
		A nasal provocation test has both high sensitivity and specificity in diagnosing aspirin-induced asthma (AIA).
		Spanish researchers report an 84.2 percent positive predictive value in using nasal provocation testing in 60 patients and a predictive value of 89.2 percent.
		Investigators with the allergy department at the Hospital Clinico San Carlos in Madrid suggest oral provocation can be used to confirm the results whenever the clinical situation permits.
	www.docguide.com /news/content.nsf/news/8525697700573E1885256BEA006B7E5A (356 words)

	BBC NEWS \| Asia-Pacific \| N Korea warns South on sea spat
		In a statement published by the official KCNA news agency, North Korea said an armed clash was only avoided thanks to its navy's restraint.
		is an unpardonable provocation and a blatant challenge to the North in the light of the present inter-Korean relations," it continued.
		It was thanks to "the high restraint and patience" exercised by North Korean seamen that the incident did not spark "a grave armed conflict", Pyongyang insisted.
	news.bbc.co.uk /2/hi/asia-pacific/3973821.stm (230 words)

	Use of Bronchial Provocation Test in Diagnosing Asthma - National Jewish Medical and Research Center
		The bronchial provocation test evaluates how sensitive the airways in your lungs are.
		A larygoscopy may be scheduled after the bronchial provocation test.
		Pulmonologist Rand Sutherland, M.D., M.P.H., and his colleagues report in the September 2003 issue of the Journal of Allergy and Clinical Immunology that higher levels of melatonin were associated with an overnight loss of lung function in asthma patients.
	www.njc.org /disease-info/tests/bronchial.aspx (970 words)

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