Why Is Montgomerys Crime Worse?
One answer lies in Montgomery’s motive for killing her victim. A killer’s reason for deciding to take another’s life is extremely important in determining her level of culpability. Consider, for example, self-defense, a form of justifiable homicide. Such a killing is not a crime at all. The law has long recognized that each of us has the basic right to defend ourselves from being harmed by another person. Other killers are considered blameworthy, but not quite as blameworthy as a murderer. For example, a person who kills in a state of legitimate rage caused by provocative behavior on the part of the victim of the killing, is — in many jurisdictions — guilty of manslaughter, rather than murder. Though there are flaws in the manslaughter defense, it reflects the sense in which we understand a person’s lashing out at someone who has provoked him. Though still wrongful and reprehensible, a killing in the course of reasonable extreme anger is a lesser species of evil than murder. That is
