Identification of Provoked State in Estonian County Court Rulings of 2006–2016

Abstract

In certain cases, homicide, if committed in a state of sudden extreme emotional disturbance caused by violence or insult inflicted on the killer or a person close to the killer by the victim, can be classified as manslaughter in a provoked state. The article examines the extent to which Estonian county courts apply assessments by forensic psychiatry and psychology experts in their identification of provoked state. The sample, from rulings published in the State Gazette between 2006 and 2016, was composed of 84 county court rulings, from four districts in Estonia. It was found that in two thirds of cases, forensic psychiatry and psychology experts were consulted in assessment of the presence of provoked state. Also, region-specific differences in identifying provoked state were found.