Bar Exam Uniform Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS
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A defendant suspected his wife was having an affair. He hired a private investigator, who provided him with a report containing photographs of his wife and another man entering a hotel together. The next morning, the defendant calmly confronted his wife, who admitted to the affair. The defendant said nothing, left the house, and drove to his office. Three days later, he saw the man from the photographs at a coffee shop, approached him, and stabbed him to death.
In a murder trial, the defendant argues he was provoked by the discovery of his wife's infidelity. Which fact is most damaging to his defense? Select one.
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