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255.2 Extreme Emotional Disturbance

    255.2.1 Extreme Emotional Disturbance Defense: Permissible Bases For Defense
    255.2.2 Extreme Emotional Disturbance Defense: Applicability Of Heat Of Passion/Provocation Issues
    255.2.3 Extreme Emotional Disturbance: Consideration Of Evidence As To Emotional Disturbance On Other Elements Of The Charge
    255.2.4 Extreme Emotional Disturbance Defense: Heat Of Passion Instruction Too Narrow

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    255.2.1    Extreme Emotional Disturbance Defense: Permissible Bases For Defense

PRACTICE NOTE: It has been recognized that many sorts of evidence may be the basis for an extreme emotional disturbance defense. These include: retardation, auditory hallucinations, chronic undifferentiated paranoid-type schizophrenia resulting in poor impulse control, poor judgment. (See People v. Young (NY 1985) 479 NE2d 815, 817.) However, mere anger or embarrassment resulting from irascibility is not sufficient to establish extreme emotional disturbance. (See e.g., People v. Walker (NY 1984) 475 NE2d 445.)

    For additional discussion of the factors that may be considered see State v. Ott (OR 1984) 686 P2d 1001.

    See also FORECITE National™ 255.3.3 [Provocation: Sufficiency].

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    255.2.2    Extreme Emotional Disturbance Defense: Applicability Of Heat Of Passion/Provocation Issues

    See generally, FORECITE National™ 255.3 [Heat Of Passion/Hot Blood, Provocation].

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PRACTICE NOTE: Because the burden of persuasion as to the defense of extreme emotional disturbance is usually placed on the defendant (Robinson, Criminal Law Defenses (West, 1984) § 102(a) p. 483), a pinpoint or defense theory instruction regarding the jury’s consideration of the emotional disturbance evidence as to elements other than the emotional disturbance defense -- for example, premeditation and deliberation or intent to kill -- is particularly important. (See FORECITE National™ 250.5.2 [Even If Defendant's Burden As To A Defense Is Not Met, Jury Must Consider Factual Basis For The Defense As To Proof Of Elements].)

    See also FORECITE National™ 92.7.3.3 [Intentional Murder: Impact Of Provocation And Heat Of Passion/Hot Blood On Premeditation And Deliberation].)

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    255.2.4    Extreme Emotional Disturbance Defense: Heat Of Passion Instruction Too Narrow

RATIONALE: The defense of extreme emotional defense, recognized in some jurisdictions, is broader than heat of passion. Therefore, a heat of passion instruction should not be used to define extreme emotional disturbance.

POINTS AND AUTHORITIES: "Trial courts should not give the heat-of-passion instruction when charging the jury on the affirmative defense of extreme emotional distress. The heat-of-passion instruction unduly narrows the factual circumstances that might otherwise qualify for consideration by the jury as evincing and extreme emotional disturbance." (State v. Reid (CT 1984) 480 A2d 463, 472; see also U.S. v. Martinez et al. (7th Cir. 1993) 988 F2d 685, 693; State v. Elliott (CT 1979) 411 A2d 3, 7-8; People v. Shelton (NY 1976) 385 NYS2d 708, 713, 717.)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3; 4.1].

See Cook & Hermann, Criminal Defense Checklist (West, 1999) § 2.02(4).

    Extreme emotional disturbance is an extreme emotional reaction to  extremely unusual and overwhelming stress which causes a loss of self control and reason by intense feelings, such as passion, anger, distress, grief, excessive agitation or other similar emotions.

[See State v. Reid (CT 1984) 480 A2d 463, 472; see also State v. Elliott (CT 1979) 411 A2d 3, 7-8; A Collection of CONNECTICUT SELECTED JURY INSTRUCTIONS - CRIMINAL 5.2 alternative charge no. 2 [Crimes Against Life-Affirmative Defense of Extreme Emotional Disturbance] ¶ 2, sent. 2 (The Commission on Official Legal Publications - Judicial Branch, 3rd ed. 1996).]