Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?

Abstract

On the basis of an Aristotelian account of the defence of duress and the partial defence of provocation, I ask why the compassion that can motivate someone to assist another’s suicide, or even to commit voluntary euthanasia, should not ground an analogous defence; and, if it should, whether such an emotion-based defence should be understood as justificatory or as excusatory.

Keywords: duress, provocation, assisting suicide, euthanasia, justification and excuse