McKaY

McKayism: Everything, Anything & Nothing
2007-11-10 05:55:49 (UTC)

heat of passion

in criminal law, most people are familiar with the
term "heat of passion" or "heat of the moment" as a
litigation defense for lesser offense. for example,
during a conflict when both sides are so pissed off that
one of them decides to knock the shit out of the other
person. the defendent/attacker may be able to use heat of
passion as a defense for attempted murder assuming the
other person is still alive. the basic concept for this
defense is to prove that the defendent do not have the
mens rea/culpability level to purposedly or knowingly hurt
the victim. therefore, the criminal act is not
premeditated but simply an act of inability to control
their anger leading to the worst possible outcome. it
gives the defendent an "excuse" to be oblivious.

in our everyday life, heat of passion occurs during an
argument we have with a friend or a family or even
strangers on the street. people blur things out without
thinking more often than knocking the shit out of them.
to some degree, it's def more hurtful and even a bigger
offense than violence depending on the shit that's coming
out of the other person's mouth. restoration cannot
simply be accomplished by apologizing or letting it cool
off. you simply cannot shake hands, apologize, and say "i
take that back." there's just no way you can take words
that came out of your mouth that turned into frequency
wave that traveled from the tip of your tongue to the
other person's ears. it's not scientifically possible.
and the worst is, the frequency traveled into your ears,
up the brain, into the memory slot and resound in your
head forever and ever like a tape recorder. that's why i
hate arguments. i avoid them as much as i can or at least
cool off first before entering into one. i would come up
with the defense and offense statements in my head before
letting them rush out of my mouth because i know clearly
that words cannot be "taken back." it simply doesn't make
sense. and most of all, people don't make sense and don't
listen when they argue. i've been in arguments where i
didn't make any sense and i hated that. i hate presenting
arguments without things to back it up. i'm a person of
reasons, i listen to my opponent when i argue because i
know somewhere in their "speech" there's a loophole or
many loopholes. and that's where i take em down and only
if they listened. sometimes it gets me wondering and a
lil jealous how well articulated ppl are during arguments
in movies. maybe i'm just slow or something that my head
doesn't move quick enough for a come back or process the
info quick enough. but other times, when people in real
life argue, it's quite entertaining to watch and i can
sorta understand the nosy ppl that tries to eavesdrop.
it's like dude, how can you just said what you said
without laughing, it's pretty damn fuckign stupid what you
just said and you completely made a fool out of yourself.
congratz.




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