• Does any reasonable person ever kill another person?
• If not why is heat of passion even considered?

1. Whether a rational individual ever commits homicide delves into the enigma of human nature, where logic and sentiment intersect intricately. Under exceptional conditions, typically rational and law-abiding individuals may experience situations in which emotions such as anger, fear, or despair overpower their ability to think logically. The term "heat of passion" is a legal recognition of the fact that intense emotional distress can cause individuals to engage in actions that they would not typically do under normal circumstances. While it is not a justification for taking someone's life, it is essential to recognize that human behavior cannot always be easily classified as rational or irrational. This concept is present because the legal system aims to distinguish between deliberate acts of malice and those motivated by a temporary loss of control caused by intense emotional disturbance. Its purpose is to administer justice by considering the complexities of human fallibility.

2. I believe that there are only a few cases where it is reasonable to kill another person. The first situation that comes to mind is that of self-defense. Not only is this my personal opinion, but it is supported by New York Penal Law. We see in section 35.15 that use of physical force in defense is justified. There are various requirements for this to be valid in court, but they go along with the idea that they must be under attack and in fear of serious injury. For use of deadly force, an individual must believe that the attacker is about to use deadly force or is about to commit a crime such as kidnapping, rape, or other crime defined in section 35.15. It is reasonable in these cases to use deadly force which may, unfortunately, result in a perpetrators death.

Heat of passion is where someone claims that they were in an uncontrollable rage when the crime occurred. This is used to try to eliminate malice in a murder case. This is considered because sometimes people are enraged or provoked which may lead to them committing a crime. However, I do not believe that this is good if they have no reason for self-defense. Murder is not good in any case

3. When discussing homicide, several ideas come to mind when thinking about how and why an individual would commit an act of this severity. However, determining if a reasonable person would ever kill another person relies on multiple factors that need to add up. The first instance I think of regarding a reasonable person committing a homicide would be self-defense. Article 35 of the New York State Penal Law reads all the laws and regulations regarding the use of force in New York. According to the Tilem Law Group, "New York Penal Law 35.15, authorizes the use of physical force when and to the extent the person reasonably believes that the force is necessary to defend either herself, himself or another person from what the person reasonably believes to be the imminent use of physical force or the actual use of physical force." In the event that one may need to use self-defense to protect oneself from serious harm or death, this law protects them. I believe this supports the fact that self-defense is an occurrence where a reasonable person would kill another person.

The heat of passion can be considered when an individual acts in themidst of the moment, when they are feeling overwhelmingly angry and take it out on another person. Often, we may feel this way and act out in situations and later on, feel like we "responded in theheat of themoment." Unfortunately for some people, acting in the heat of passion results in the killing of another person.

4. When it comes to prosecuting murder, there are a lot of complex considerations on what is right and wrong. The main ones that a judge might investigate is if there is malice, intent, premeditation, self-defense, mental state...etc. As you can see there is an endless list of what can be investigated. Not all killings are the same and using these different elements is key in determining the outcome. In People V Hall, a skier collied with another skier after going too fast. This resulted in the death of the other skier after having brain injuries. The Courts verdict was that "skiing to fast for the conditions is not likely to cause another person's death" (Kadish 496). In coming up with the verdict the judge had to ask these questions. Was there intent to kill the skier? No. Was this a case of reckless manslaughter? No, because in most cases skiing does not kill someone. Was there premeditation? No, he was just skiing. Asking these kinds of questions when it comes to crime, especially murder, is ideal in coming up with a fair and just verdict for both parties.

Now does this mean a reasonable person can murder someone. Yes, in most murders there is a "heat of passion". This I when someone has a sudden quarrel of emotions in which they kill someone even if there was no intent or premeditation. For example, in Maher v people, maher killed a man (Hunt) because he slept with his wife. The caveat is that he found out from someone in the barbershop the same time Hunt was getting his hair done. This enraged maher, leading him to shoot and attempt to kill hunt. (kadish 466). Because there was no time to "cool off" and the man was purely going off his emotions. The court might constitute a lesser of a crime if he were to have murdered him.

In my opinion, I do not think that someone being in an "enhanced emotional state" should constitute a lesser crime because then this rule could be abused. Allowing for this might be a dangerous precedent where individuals might claim this defense for a serious crime, especially when it comes to anger and jealousy.