Bedder v D.P.P. case brief summary
FACTS:
this case deals with the killing of a prostitute b/c she makes fun of the john for being impotent.
ISSUE:
Should jury be presented w/ factual situation, and is impotence relevant?
HOLDING:
Yes- could be considered as some type of disease. An emotional and physical problem
ANALYSIS:
-It is a pure matter of fact (teased for being impotent by the person who knows it)
-We allow certain facts if those facts are crucial to knowing why the provocation occurred
-We need to know that he is impotent to know the nature of the insult
ISSUE 2
Should jury be allowed to know that he had been fixated on this for his entire life?
HOLDING:
This is more of a policy question.
RULES:
The reasonable man referred to in the test is a person having the power of self-control to be expected of an ordinary person of the sex and age of the ∆, but in other respects sharing such of the ∆s characteristics as they think would affect the gravity of the provocation.
FACTS:
this case deals with the killing of a prostitute b/c she makes fun of the john for being impotent.
ISSUE:
Should jury be presented w/ factual situation, and is impotence relevant?
HOLDING:
Yes- could be considered as some type of disease. An emotional and physical problem
ANALYSIS:
-It is a pure matter of fact (teased for being impotent by the person who knows it)
-We allow certain facts if those facts are crucial to knowing why the provocation occurred
-We need to know that he is impotent to know the nature of the insult
ISSUE 2
Should jury be allowed to know that he had been fixated on this for his entire life?
HOLDING:
This is more of a policy question.
RULES:
The reasonable man referred to in the test is a person having the power of self-control to be expected of an ordinary person of the sex and age of the ∆, but in other respects sharing such of the ∆s characteristics as they think would affect the gravity of the provocation.
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