UT · jury_instructions
MUJI 2d CR1421
Extreme emotional distress mitigation - Factors.
In considering the first subjective factor, the defendant must be acting under the influence of extreme emotional distress at the time he causes or attempts to cause the death of another.
A defendant may prove that he was subjectively under the influence of extreme emotional distress by showing:
(1) he was exposed to extremely unusual and overwhelming stress,
(2) he had an extreme emotional reaction to it, as a result of which he experienced a loss of self-control and his reason was overborne by intense feelings, such as passion, anger, distress, grief, excessive agitation, or other similar emotions,
(3) his emotional distress was not a condition resulting from mental illness, and
(4) his emotional distress was not substantially caused by his own conduct.
In considering the second objective factor, the circumstances must support a reasonable explanation or excuse for the extreme emotional distress. This factor asks whether a reasonable person facing the same situation would have reacted in a similar way. Reasonableness shall be determined from the viewpoint of a reasonable person under the then-existing circumstances.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
c5cb3bc3e1840713e1577418b9b140e7139b1bd042bfd00bd4ddc9b6d04afc59
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.