LAW 535-001 – Criminal Law
Extreme Mental or Emotional Disturbance
MPC § 210.3(1)(b)
[Criminal homicide constitutes manslaughter when] a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be.
- A specific provocative act is not required.
- Even if there is a provocation, it need not involve "an injury, affront, or other provocative act perpetrated upon [the defendant] by the decedent."
- Even if the decedent provoked the incident, it need not fall within any fixed category of provocations.
- Words alone can warrant a manslaughter instruction.
- There is no rigid cooling-off rule. The suddenness requirement of the common law—that the homicide must follow almost immediately after the provocation—is absent form the EMED defense.