Meaning of Crime of Passion
A term you may hear often in a court of law is "crime of passion." This is used in a non-legal sense to refer to a crime that was committed because of an intense emotion such as anger or fear. It is not necessarily helpful to the offender in court, but it can be helpful to the offender if trying to get a triggered response out of someone.
In the legal sense, it is a crime where you kill someone with the provocation of something. It does not always have to be murder; it could be assault as well. The world recognizes it as part of what makes up culpability. In other words, if someone shoots another person because he thought his wife was cheating on him out of anger, then the punishment is less than if the offender had just shot someone for no reason at all.
If someone is in a situation where someone has a gun to their head, they will likely behave irrationally . If someone then broke in to help the victim and was shot, then the person who broke in will likely be put in prison for a long time depending on the circumstances. In this situation, the offender’s behavior is out of the ordinary and with some context, he can get off easier.
Crime of passion is the voluntary killing of a person because of a strong impulse (when the passion completely dominates the mind). Such a compelling emotion might be caused by provocation by the deceased, or by a condition which affected the mind of the accused.
When a crime of passion occurs, voluntary manslaughter is often charged in most jurisdictions. A provocation defense may also be raised, which applies to voluntary manslaughter. Provocation refers to actions or words which cause the actor to lose self-control and commit a homicide. A provocation defense is generally used to reduce murder to manslaughter.
What North Carolina Law Says
North Carolina incorporates the common law concept of crime of passion into a legally recognized concept called "heat of passion." A defendant may successfully argue a "heat of passion" defense to a murder charge "where there is adequate provocation, [the] homicidal act is in response to sudden passion which arose at the moment of the fatal blow, and at no time between the provocation and the fatal blow has the defendant regained actual control over his normal mental faculties." Williams v. State, 246 N.C. App. 575, 586, 785 S.E.2d 230, 237 (2016). In Williams, various instances of alleged provocation over several months involving frequent text message dating back as long as a year prior to the homicide were held insufficient to reduce first-degree murder to second-degree murder or voluntary manslaughter. S.E.2d at 237. The court held that the evidence "was not sufficient to permit a jury reasonably to conclude that [a] defendant lost his mental capacity to act from a fit of passion immediately prior to the homicide." Id. The court concluded that the trial judge did not err in denying a jury instruction on the law of provocation.
The concept of "sudden passion" has made its way into North Carolina’s first-degree murder statutes. N.C.G.S. § 14-17 "sets out the basic elements required to prove first-degree murder when the death of the victim is caused by an act of terrorism or the homicide is perpetrated, as proscribed by section 14-33(a) of this Chapter, inter alia, with premeditation and deliberation," while N.C.G.S. § 14-17.1(a) further provides that, "[c]onviction of first-degree murder is rebuttably presumed to show premeditation and deliberation if the defendant demonstrates that the homicide was perpetrated by a person who was committing any of the following crimes against the decedent: an offense punishable under Article 10 of Chapter 14 of the General Statutes . . . ." (emphasis added). Article 10 includes crimes related to assault, such as "assault on a female," "assault inflicting serious injury," and "communicating threats." These offenses, however, are all misdemeanors except for "assault with a deadly weapon with intent to kill inflicting serious injury." N.C.G.S. § 14-32. It remains to be seen whether the rebuttable presumption will apply absent a felony offense.
Unique Considerations in North Carolina
In North Carolina, distinguishing a crime of passion from other violent crimes can be complex. Emotional disturbance is a key factor that separates these offenses. The state defines emotional disturbance as "a temporary state of mind or mental capacity which prevents the person from weighing his or her own conduct in accordance with the peaceful and rational ideas which generally prevail in normally constituted human beings."
Understanding how emotional disturbance applies in practice is complicated, but in general it’s a type of defense that can absolve the perpetrator of murder, but not manslaughter. An experienced North Carolina criminal lawyer can discuss how it may be relevant to your case.
Unlike voluntary manslaughter, which requires only that the defendant have acted in the heat of passion, murder requires a finding that the defendant acted purposely and maliciously. Disturbance of mind thus can be offered as a defense to murder, but not to voluntary manslaughter. This was made explicit under the Supreme Court’s 1964 ruling in State v. McClain, which stated that "a finding that the defendant was acting under a disturbed, violent state of passion which was raised by adequate provocation does not in any way negative the malice required for murder. While heat of passion, provocation, and the requisite disturbance of mind will negative malice and support a conviction for voluntary manslaughter, that is not true where murder is charged."
The defendant’s state of mind is always a critical factor in determining whether a violent crime rises to the level of murder or is categorized as a crime of passion or voluntary manslaughter. The central question is whether the defendant was acting with the intent to kill or inflict serious injury. That’s what will determine whether the defendant is charged with a much lesser crime, such as an assault or (as in the case of manslaughter) an unintentional killing, or whether the defendant will actually face a murder charge.
Criminal Penalties in North Carolina
The specific charges that can stem from a crime of passion may vary, depending upon the circumstances. However, common crimes associated with acts of passion include manslaughter and murder. The state of North Carolina has several laws that are relevant to crimes of passion and the resulting legal consequences:
• Involuntary manslaughter — Involuntary manslaughter is defined as an unintentional killing that is caused by "criminal negligence." A charge of involuntary manslaughter is a Class F felony, punishable with between 10 and 41 months in jail.
• Second-degree murder — A second-degree murder charge refers to a non-premeditated, intentional killing. It is a Class B1 felony and comes with a punishment of between 25 and 33 months in prison.
• First-degree murder — A first-degree murder charge, which is classified as either first-degree premeditated murder or first-degree felony murder, is a Class A felony. The punishment for this crime is death or life in prison without parole.
Even though these crimes may seem severe, there is an exception for acts of passion that allow for decreased punishment. First-degree murders that were not premeditated, including those that resulted from crimes of passion, are subject to a lesser life sentence if charges were brought under the theory of provocation rather than intent.
Notable Cases in North Carolina
Ferdinand "Fred" Decker killed his wife in 1971 after she returned home from a Rock concerts. They had been married for five years. A few days prior, his sister-in-law had called him to tell him that his wife was probably cheating on him. She had, at best, some circumstantial evidence. Fred confronted her about the alleged affair and, upon her denials, he decided to kill her. He later pleaded not guilty to murder. He was convicted of second degree murder but sentenced to manslaughter.
The case of John and Susan DeLaurentis attracted a lot of media attention in the late 90s. John and Susan were married and lived in Wake County. They had a two-year-old son, Rob, at the time. On Saturday, May 24, 1997, Susan and her son went to visit her in-laws, Frank and Maryanne in New Jersey. John picked up Rob in NJ the next day to bring him home in NC. Word of the trip to the in-laws had apparently caused a marital spat. Upon his return to Raleigh that night, John strangled Susan to death. He then called for a friend to help him bring the body into the woods, where they buried it. The next day , he went to police to check on Susan. His story was that he and Susan fought on the phone that night and she said she would commit suicide. He showed no emotion and answered questions calmly. While looking for clues the police stumbled upon the remains of Susan’s body. John was tried and convicted in 1998 for first degree murder and was sentenced to life without parole. He appealed and the conviction was upheld in 2000. John filed a habeas petition in 2003. He was granted post-conviction relief in 2006 and was asked to reappear for a new trial. At the retrial, his defense was that she committed suicide. He was convicted again and received a reduced sentence of 40-50 years. He is currently serving his sentence.
In a 2015 case, a Surry County couple was charged with second-degree murder following the death of a man in the Springs Road area. It was reported that the couple killed the man in his garage after being told that he had stolen a can of beer from their son during a party. They entered his garage after informing him that they wanted to talk to him. It is reported that the male suspect repeatedly struck the victim with a pistol after they drew him into the home. When he fell, the couple continued to beat him and threatened to shoot him. However, they did not shoot the victim and released him after several hours. Even though the victim told them he was not going to press the charges, the couple was arrested. They were both charged with second degree murder. Trial date has yet to begin.
Legal Defenses to a Crime of Passion Charge
For men and women charged with a crime of passion, understanding their options is the first step toward finding a suitable legal defense. A defense attorney should be sought as soon as possible to review the facts of the case, gather evidence, and build a case that helps the client avoid any serious penalties. The legal definition of a crime of passion in North Carolina encompasses several offenses, including assault (including deadly weapon assault), homicide, and homicide by vehicle. It can also include other violent criminal offenses that are committed under a sudden loss of control. Considering the legal definition of what a crime of passion can entail, it is easy to see how a variety of offenses can fall into this category. A variety of strategies can be employed in cases where a crime of passion has occurred. In harsher cases, self-defense or the heat of passion may be used to avoid homicide charges or reduce them to a lesser charge. If the defendant was acting in self-defense, for instance, there is no crime committed at all. If the defendant can cite "heat of passion," it means that he or she was provoked into committing the crime in question. In cases of assault, "affray" may be cited to prove that the defendant was defending himself or herself against an attack of another. Although there is nothing wrong with using these strategies, a defense attorney should be retained as quickly as possible. The sooner the accused contacts a defense attorney, the sooner he or she can begin work on the case. Constructing a defense against a crime of passion involves gathering evidence, consulting with witnesses, and generally being prepared to thoroughly investigate the incident that led to the charges being filed. Defense strategies must be carefully constructed if the client is to have the best chance of avoiding the most serious penalties. An experienced and knowledgeable defense lawyer is best-qualified to build a case that helps to avoid any undue complications with misdemeanor or felony charges of a passion.
Repercussions for the Victims and Society
Crimes of passion have a profound impact on the victims and their families. In addition to any physical harm that may befall the individual, the psychological scars and emotional trauma can last a lifetime. Dealing with a loved one who has been brutally murdered is not a matter that is quickly resolved. The trauma and pain of such a loss are generally permanent.
Victims’ families suffer immeasurably from the loss of their loved ones. As mentioned earlier, the pain is not only felt by the family of the deceased; they also have to cope with their assailant’s fate. Two separate tragedies unfold at once: while the victim’s family mourns the death of someone they loved, the perpetrator’s family suffers the consequences of the crime.
The entire community is affected by a crime of passion. Often, in a relatively safe community, such an act will leave the residents feeling vulnerable, shaken, and unsafe for a considerable time. Crime of passion incidents receive widespread media attention, which further stimulates fear amongst the population. Even though these are not the "average" crimes, there are usually direct ties to relationships within the community. Victims’ families may belong to the same church , have children who attend the same school, or be related to other prominent local families. This creates a ripple effect, as fear penetrates the community at large.
In addition to the impact on the victim’s family and community, a crime of passion also affects the perpetrator’s family. Such cases generally involve prior incidents of domestic abuse and could have been potentially preventable. Social service agencies may have intervened in families that have experienced cases of emotional, physical, or sexual abuse in the past. The perpetrator’s family may feel responsible for the victim’s suffering and be terrified of what may happen to their perpetrator family member. Frustration is a common emotion, as there are no easy answers and no perfect solutions.
Victim’s families, family and friends of the offender, and the larger community are all negatively impacted by a crime of passion. While the FBI does not classify this type of crime as a "serial" crime, it falls in line with some of the characteristics of serial killers. Crimes of passion are often defined in a correlating manner; they are violent acts of retribution over a perceived offense.