The " killing occurred in a sudden fight in the heat of passion upon a sudden quarrel, " defense lawyer Edmond Pereira told the High Court.
32.
A " heat of passion " defense stands a much greater chance of success than temporary insanity, which is always difficult to prove, legal observers said.
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Weisberg also rejected the argument that the brothers killed their mother in the heat of passion, stating that she did nothing to provoke her own killing.
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They claim he killed not just out of fear _ the defense he has relied on since his first trial _ but in the heat of passion.
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It is meant to be applied when a person kills in the " heat of passion " upon being " provoked " by the behavior of the victim.
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But for many women's groups and legal experts, it is an example of a troubling double standard in judicial sentencing for offenses committed in the first heat of passion.
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Five were convicted of voluntary manslaughter, an offense that the judge had defined in his instructions as acting " in the sudden heat of passion caused by adequate provocation ."
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As it stands, " The God of Hell " has the anger and white-hot energy _ as well as the incoherence _ of something dashed off in the heat of passion.
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Asked what he considered to be the main cause, the Utah senator said it " comes from the heat of passion-- people who haven't learned how to control their emotions ."
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And it would be hard to find a more vile kind of murder, not the taking of someone's life in the heat of passion, but sheer, sexually motivated murders, he said.