‘Crimes of Passion’

Abstract

The label ‘crime of passion’ has traditionally been given to homicides committed in a fit of jealousy by a spouse or partner. However, if the word ‘passion’ is taken in its historic sense to denote the emotions, a large number of crimes are, in some sense, crimes of passion. The aim of this chapter is to sketch out some of the ways in which emotional factors can impact on criminal fault, and by which a greater understanding of the emotions can be of benefit to judges and others in this context. In particular, it has been said that emotions have a number of features: (1) they are mediated by neural/hormonal systems in the brain; (2) they can give rise to affective experiences; (3) they can generate cognitive processes; (4) they can activate widespread physiological adjustments to the arousing conditions; and (5) they can lead to behaviour that may be goal-directed and adaptive. The chapter goes on to discuss the implications of these insights for the study of criminal fault as mediated through different stages of the criminal process, and to suggest avenues for further research into the topic.