In criminal law, extreme emotional disturbance refers to which type of defense?

• A. A defense of temporary insanity or heat of passion.
• B. A defense of self-defense.
• C. A defense of diminished capacity.
• D. A defense of duress.

Answer: (A)

Extreme emotional disturbance is a partial defense that focuses on the defendant’s mental state at the moment of the offense. When a person is overwhelmed by intense emotion, such as anger or jealousy, the law recognizes that the normal ability to form intent can be impaired, which can justify reducing a homicide charge from murder to manslaughter. This is commonly described as heat of passion or temporary insanity in some jurisdictions, since the actor’s rational judgment was clouded by emotion rather than a deliberate plan. It does not revolve around imminent danger to the defendant (that would be self-defense), nor does it hinge on a lasting impairment of mental function (diminished capacity), nor on threats from another person (duress). So, the extreme emotional disturbance defense is best understood as a heat-of-passion/temporary insanity-type defense.