# You Return Home and Find Wife In Bed With Another Man-You Murder Them **URL:** \ **Category:** Great Debates\ **Created:** [August 14, 2010, 12:32pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238 "2010-08-14T12:32:26Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\ **Post date:** [August 14, 2010, 12:32pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/1 "2010-08-14T12:32:26Z")
…would a jury convict you of murder? Would such a “crime of passion” be excused by the circumstances? Suppose you have a super defense, and they get a favorable jury…could you actually escape all charges? ---
**Author:** ![qpw3141](https://avatars.discourse-cdn.com/v4/letter/q/6bbea6/32.png) [@qpw3141](https://boards.straightdope.com/u/qpw3141)\ **Post date:** [August 14, 2010, 12:36pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/2 "2010-08-14T12:36:54Z")
Seems unlikely. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [August 14, 2010, 12:42pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/3 "2010-08-14T12:42:09Z")
> [@ralph124c](#): > > Suppose you have a super defense, and they get a favorable jury..could you actually escape all charges? Super defense? As in a legal argument? What legal argument would justify a double homicide of unarmed victims? “They needed killin’, your Honor.” ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [August 14, 2010, 12:42pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/4 "2010-08-14T12:42:59Z")
> [@ralph124c](#): > > ..would a jury convict you of murder? Would such a “crime of passion” be excused by the circumstances? Morally no. Cheating on your spouse isn’t nice but it’s not an assault on you; there’s no justification for violence on your part. But I’m sure some juries would cheerfully let you off. > [@ralph124c](#): > > Suppose you have a super defense, and they get a favorable jury..could you actually escape all charges? I’ve heard of that happening I think. ---
**Author:** ![Acid\_Lamp](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@Acid\_Lamp](https://boards.straightdope.com/u/Acid_Lamp)\ **Post date:** [August 14, 2010, 12:43pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/5 "2010-08-14T12:43:43Z")
> [@Fear\_Itself](#): > > > [@ralph124c](#): > > > > Suppose you have a super defense, and they get a favorable jury..could you actually escape all charges? > > Super defense? As in a legal argument? What legal argument would justify a double homicide of unarmed victims? “They needed killin’, your Honor.” Temporary insanity. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [August 14, 2010, 12:50pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/6 "2010-08-14T12:50:14Z")
> [@Acid\_Lamp](#): > > > [@Fear\_Itself](#): > > > > Super defense? As in a legal argument? What legal argument would justify a double homicide of unarmed victims? “They needed killin’, your Honor.” > > Temporary insanity. Possible, [but don’t bet on it](http://en.wikipedia.org/wiki/Insanity_defense), unless you had the foresight to be treated for mental illness before you committed your crime: > [@](#): > > According to an eight-state study the insanity defense is used in less than 1% of all court cases and, when used, has only a 26% success rate. Of those cases that were successful, 90% of the defendants had been previously diagnosed with mental illness.[sup] [[12]](http://en.wikipedia.org/wiki/Insanity_defense#cite_note-11)[/sup] ---
**Author:** ![madmonk28](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madmonk28/32/20811_2.png) [@madmonk28](https://boards.straightdope.com/u/madmonk28)\ **Post date:** [August 14, 2010, 12:50pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/7 "2010-08-14T12:50:25Z")
This source says that it wouldn’t have been a crime in Texas prior to 1974. [The Dangerous Passion](http://www.nytimes.com/books/first/b/buss-passion.html?_r=5) > [@](#): > > …In Texas until 1974, a husband who killed a wife and her lover when he caught them in flagrante delicto was not judged a criminal. In fact, the law held that a “reasonable man” would respond to such extreme provocation with acts of violence… ---
**Author:** ![Grumman](https://avatars.discourse-cdn.com/v4/letter/g/43a26b/32.png) [@Grumman](https://boards.straightdope.com/u/Grumman)\ **Post date:** [August 14, 2010, 12:56pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/8 "2010-08-14T12:56:49Z")
Temporary insanity? Wikipedia seems to agree with me on this. Either that, or just plain jury nullification. ---
**Author:** ![flickster](https://avatars.discourse-cdn.com/v4/letter/f/7bcc69/32.png) [@flickster](https://boards.straightdope.com/u/flickster)\ **Post date:** [August 14, 2010, 1:39pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/9 "2010-08-14T13:39:40Z")
Just claim to be following Sharia and drag her into the street for a good old fashioned stoning ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [August 14, 2010, 1:43pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/10 "2010-08-14T13:43:41Z")
I know all about this 'cause I’ve seen all 692 episodes of _Prisoner: Cell Block H_. Evidently if you’re in Australia during the time period of 1979 - 1986 you can do this and get off with a good behaviour bond 😃 Bea Smith who killed the woman her husband was fooling around with is talking to Karen who killed her husband after she found him with another woman. > [@](#): > > Bea) Look you’re either crazy or you not > > Karen) It’s not that simple Bea > > Bea) I killed my old man and I knew exactly what I was doing, are you saying you didn’t know? > > Karen) As I said before there are circumstances > > Bea) So you killed him and now you think you’re gonna get away with it …And now back to your regularly scheduled thread ---
**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\ **Post date:** [August 14, 2010, 2:00pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/11 "2010-08-14T14:00:12Z")
It sounds like [Manslaughter](http://en.wikipedia.org/wiki/Manslaughter), from what I recall, you would argue that the act of finding your wife in bed with another man, constitutes provocation. It would be a lesser included offense to murder, but I’ll let someone more experienced than myself in Criminal law explain it. ---
**Author:** ![Kobal2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kobal2/32/20_2.png) [@Kobal2](https://boards.straightdope.com/u/Kobal2)\ **Post date:** [August 14, 2010, 2:00pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/12 "2010-08-14T14:00:21Z")
> [@Fear\_Itself](#): > > > [@ralph124c](#): > > > > Suppose you have a super defense, and they get a favorable jury..could you actually escape all charges? > > Super defense? As in a legal argument? What legal argument would justify a double homicide of unarmed victims? “They needed killin’, your Honor.” Y’r’honour, I move for the dismissal of my client’s case on the basis of _canis mihi nefas facit_. The facts of the case clearly establish that the bitch, indeed, done my client wrong. ---
**Author:** ![smiling\_bandit](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@smiling\_bandit](https://boards.straightdope.com/u/smiling_bandit)\ **Post date:** [August 14, 2010, 2:12pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/13 "2010-08-14T14:12:26Z")
> [@madmonk28](#): > > This source says that it wouldn’t have been a crime in Texas prior to 1974. [The Dangerous Passion](http://www.nytimes.com/books/first/b/buss-passion.html?_r=5) > > > [@](#): > > > > …In Texas until 1974, a husband who killed a wife and her lover when he caught them in flagrante delicto was not judged a criminal. In fact, the law held that a “reasonable man” would respond to such extreme provocation with acts of violence… I believe they updated the law so that women are allowed the same privelege. ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [August 14, 2010, 3:53pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/14 "2010-08-14T15:53:22Z")
> [@ralph124c](#): > > ..would a jury convict you of murder? Would such a “crime of passion” be excused by the circumstances? > Suppose you have a super defense, and they get a favorable jury..could you actually escape all charges? You forgot–“NEED ANSWER FAST” ---
**Author:** ![waterj2](https://avatars.discourse-cdn.com/v4/letter/w/858c86/32.png) [@waterj2](https://boards.straightdope.com/u/waterj2)\ **Post date:** [August 14, 2010, 5:54pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/15 "2010-08-14T17:54:41Z")
It may help your case if the only witness is your son, who remains deaf, dumb, and blind for the next several years. On the other hand, it might end up being you that gets killed and the lover that gets away with it. Accounts differ. ---
**Author:** ![LouisB](https://avatars.discourse-cdn.com/v4/letter/l/dfb087/32.png) [@LouisB](https://boards.straightdope.com/u/LouisB)\ **Post date:** [August 14, 2010, 6:28pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/16 "2010-08-14T18:28:38Z")
> [@madmonk28](#): > > This source says that it wouldn’t have been a crime in Texas prior to 1974. [The Dangerous Passion](http://www.nytimes.com/books/first/b/buss-passion.html?_r=5) > > > [@](#): > > > > …In Texas until 1974, a husband who killed a wife and her lover when he caught them in flagrante delicto was not judged a criminal. In fact, the law held that a “reasonable man” would respond to such extreme provocation with acts of violence… Those giddy Texans; ya just gotta love 'em. By the way, “He needed killin” was an acceptable excuse in Texas, once upon a time. ---
**Author:** ![Rick](https://avatars.discourse-cdn.com/v4/letter/r/9f8e36/32.png) [@Rick](https://boards.straightdope.com/u/Rick)\ **Post date:** [August 14, 2010, 6:36pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/17 "2010-08-14T18:36:41Z")
> [@Fear\_Itself](#): > > > [@ralph124c](#): > > > > Suppose you have a super defense, and they get a favorable jury..could you actually escape all charges? > > Super defense? As in a legal argument? What legal argument would justify a double homicide of unarmed victims? “They needed killin’, your Honor.” Two letters O. J. 😃 ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [August 14, 2010, 7:29pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/18 "2010-08-14T19:29:05Z")
At common law, voluntary manslaughter is intent to kill murder that is mitigated by adequate provacation, a sudden heat of passion that would inflame the senses of an ordinary person to such a degree that it would cause them to lose their immediate self control. Catching one’s spouse _in flagrante delicto_ is a classic law school example of adequate provocation. ---
**Author:** ![Skald\_the\_Rhymer](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Skald\_the\_Rhymer](https://boards.straightdope.com/u/Skald_the_Rhymer)\ **Post date:** [August 14, 2010, 7:31pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/19 "2010-08-14T19:31:21Z")
If I am on the jury, I vote to convict a guy who does such a thing of murder. I don’t judge the circumstances to be mitigating. If I am the guy who has done this, I won’t be convicted; the only reason I would not have pled guilty is that I committed suicide out of guilt. ---
**Author:** ![thirdname](https://avatars.discourse-cdn.com/v4/letter/t/d07c76/32.png) [@thirdname](https://boards.straightdope.com/u/thirdname)\ **Post date:** [August 14, 2010, 7:35pm UTC](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238/20 "2010-08-14T19:35:27Z")
Only if you use Bas Rutten’s foolproof method. 1:27: [http://www.youtube.com/watch?v=mNXRInrSSVU](http://www.youtube.com/watch?v=mNXRInrSSVU) [Next page](https://boards.straightdope.com/t/you-return-home-and-find-wife-in-bed-with-another-man-you-murder-them/550238.md?page=2)