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Source Homicide Complete Delaware Bar Exam Topic Index List Matched to this deck.

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A defendant kills immediately after a sudden confrontation and argues that the killing was committed in heat of passion.
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Any insult is legally adequate provocation as a matter of law. Heat of passion is unavailable if the defendant used a weapon. Heat of passion turns first degree murder into second degree murder but never manslaughter. Heat of passion may reduce murder to voluntary manslaughter if the defendant actually acted under intense emotion caused by objectively adequate provocation before a reasonable cooling period.

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