This started a two-week period of bizarre sexual taunting and teasing by the victim which resulted in Berry strangling his wife with a telephone cord on July 26, 1974. Police arrested Albert Joseph Berry for the murder on August 1, 1974. In People v. Berry, Berry (the defendant) was convicted of murdering his wife in the first degree. Defendant allegedly stated that he killed his wife in the heat of passion and thus should only be found guilty of manslaughter. The Supreme Courts’ issue was deciding whether or not the defendant killed in the heat of passion.
Passion is defined by the Court as any violent, intense, or enthusiastic emotion. The concept “Heat of Passion” is a widely utilized and accepted doctrine. The ultimate decision of the Court was to reverse the murder conviction; stating that the act of his murder was brought on by the victims repeated taunting and abuse toward Berry. The Court found that the evidence of infidelity and teasing could be enough to rule his conviction and “Heat of Passion. ” I chose People v. Berry because I do not agree with the “Heat of Passion” rule in this conflict.
My question I have to resolve is “Why is it okay for an impassioned person to receive lesser penalties than a calm person when convicted for murder? ” In society it is taught to think before you act. The problem might be that the calm person had time to think before they acted. Is it because he is less dangerous, or less deserving of punishment? Although if this were a rape case and the victim killed the Rapist in a “heat of passion” then I would agree with this rule. People V Berry TX POOL COURT CASE THESIS By Amah-Rand