Intimate partner homicides: “Passionate Crime” arguments in the Portuguese Supreme Court of Justice

Abstract

Intimate partner homicides are often described as “passionate crimes”. While most sentencing studies focus on the analysis of the impact of specific characteristics of the offender, victim or the crime in sentencing, this study aims to analyse how “passionate crimes” are described in the Portuguese Supreme Court of Justice outcomes. From a qualitative analysis of 24 sentences, it is possible to conclude that passion is often related to jealousy, describing out-of-control offenders, arguments about cold-minded actions versus premeditated actions, and when describing prevention needs involved in sentencing these crimes. The defence often raises arguments minimising the gravity of the homicide due to strong “passion” emotion, but the Supreme Court of Justice has been declining most of them. The fact that most of these crimes are premeditated and actions happen with a “cold mind” also inhibits the “hot-blooded” “passionate” excuse for the crime. Results suggest that the Supreme Court of Justice is increasingly concerned about the necessity of preventing intimate partner homicides given its gravity and social impact.