I believe there has historically been a fit of fury clause in most forms of law worldwide. It was most commonly applied when a spouse finds their partner in the act of infidelity. I suppose that if there was any act of betrayal that would cause someone to snap and go ballistic, that would be it. I am not affirming it, and believe that every person has the ability to and will to keep from killing another in a fit of fury, if such self-control has been practiced as a life habit.
I do not believe this case warrants consideration under the fit of fury clause. I hope the Criminal Court will agree and adhere to the original sentencing, and deserve a big bravo if they do. Do we really need court-sanctioned validation of unbridled rage?
By Rana HusseiniAMMAN – The Cassation Court has started reviewing for the second time the case of a security guard who was sentenced to 10 years in prison for murdering his niece, a judicial source said.
The Criminal Court sentenced the 31-year-old defendant to 10 years in prison in June 2010 for murdering his 19-year-old niece at her home on November 29, 2009.
But the Cassation Court overturned the verdict on October 27 and returned the case to the Criminal Court, asking the court to consider the application of the fit of fury clause as stipulated in Article 98 of the Penal Code.
Article 98 stipulates reduced sentencing for a murder that is committed in a fit of fury caused by an unlawful or dangerous act on the part of the victim.
On December 16, the Criminal Court insisted on its original ruling and handed the defendant the same sentence, but the security guard insisted that he killed his niece in a moment of rage and appealed the verdict at the Cassation Court for a second time, according to a judicial source close to the proceedings.
A moment of rage that had been preceded by days of anger and nurtured by months of resentment.
She took eighteen bullets as the price of her rebellion. Perhaps her last words were: “I am free to come and go as I wish and you can shoot me if you want.”
I wonder why she ran away in the first place. Is no one curious as to why she would risk life-threatening behavior for freedom?
Note that here is not any indication that the family ‘forgave’ the uncle and dropped the charges. That is a silver lining in this cloud of misplaced honor.
I am sick and tired of the usage of the word “Honour” to take a life. Like one judge said murder is murder.
That said the french I think still have the “in an emotional state” clause in their laws, it was brought to head when lead singer of the band Noir Desir killed his girlfriend who happened to be the daughter of Trintigant.
So it is a lot of places in the world.
But our part we have to bow our heads in shame for letting it happen.
Shame on the judicial system.
Shame on the troglodytes in Parliament both the elected and the appointed.
Shame on us Jordanians for not speaking up.
Shame on the Moslem Brotherhood for not defending.
It is a abysmal miscarriage of justice to be able to kill someone and then go free.
Jeremiah 17:9
James 3:16
If not reigned in, if not confronted, if not held beneath what is first pure, then peacable, gentle, willing to yield, full of mercy and good fruits, without partiality and without hypocrisy (fruit of righteousness in James 3:17)… one’s uncharacteristic outbursts can quickly become practiced, excused, normal behavior.
Either confront it all… or include a “fit of lust” clause, a “fit of jealousy” clause…
What is shown in our “fits” is what our souls must be guarded against, not excused, for they are windows into what our flesh wants and what the Enemy applauds.
oh another honor killing?!! those who commit these crimes make me sick! they commit them in the name of honor and “religion” when in reality they stand for nothing but thier own ignorance and lack of honor.
sad