When Is Murder a Crime of Passion?

Murder is the taking of another’s life with "malice aforethought." This is a crime we are all familiar with. Documentary series such as HBO’s "The Jinx" about Robert Durst are popular and highlight the gruesome details of first-degree murder. However, it’s important to understand the nuances the law takes toward taking the life of another. For example, when is killing someone considered a crime of passion in the eyes of the law?

Murder, a Brief History

For a killing to be deemed murder, it needs to meet the legal standard of malice aforethought, meaning the person needs to have the intent to kill or commit serious bodily harm. Put simply, there was planning involved or time to consider what the murderer was going to do. Crimes of passion, on the other hand, are defined as a killing that was done without premeditation in a bout of rage or anger. If a criminal defendant is successful in demonstrating they had no intention of committing murder, but instead responding to an incredibly provoking incident, most states will downgrade a crime of passion to manslaughter, as opposed to murder.

Crimes of Passion

Crimes of passion became a partial defense to murder in the 1940s, when defendants challenged the mens rea element of murder in the hopes that this would result in a lesser offense. "Mens rea" is Latin for "guilty mind." To prove a crime of passion, a defendant must prove that they acted out of emotion in the heat of the moment, like anger or rage, that even a reasonable person would have acted upon. In other words, it isn't enough to show that the criminal defendant became angry or upset, but rather that almost anyone would have become overwhelmingly angry or upset in a similar situation.

A Partial Defense for Murder

We see the interplay of a crime of passion as a defense for murder in a recent case out of Texas. The case revolves around a spurned lover. A jury found the man guilty of murder after the disappearance of his friend, who he was seen with on the night of her disappearance and had an argument with over getting into a romantic relationship. On his appeal, the defendant argued it was a crime of passion, as he was overwhelmed with emotion from being rejected as a romantic partner. However, the court's scrutiny revealed a shortfall in evidence to substantiate this claim.

Texas law defines a crime of passion as an act stemming directly from provocation by the victim, igniting emotions such as anger, rage, or resentment to such an extent that even a reasonable person of average temperament could not contain. Unsurprisingly, the Texas Court of Appeals found that the rejection faced by the defendant from a friend whom he wished to date was insufficient to meet the criteria for a crime of passion.

The Takeaway

The difference between crimes of passion and murder are slight nuances in the frame of mind of the murderer. You can be angry and still be convicted of first-degree murder, of course. There are varying charges associated with taking the life of another, however. The rationale is that those who plan to murder someone and know exactly what they are doing should be punished to the highest extent, while people who are overwhelmed, suffering from mental illness, had no plans to murder, or killed someone on accident do not need to be punished as severely. However, as the Texas case illustrates, this can be a difficult bar to meet.

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Related Resources:

• First Degree Murder Overview (FindLaw, Learn About the Law)
• Crimes Against the Person (FindLaw, Learn About the Law)
• Voluntary Manslaughter Overview (FindLaw, Learn About the Law)