Read the following excerpt from a US court opinion:
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of defense). It should be noted that even inadequate provocation coupled with an objectively unreasonable reaction may be relevant to a case, like this one, because the jury may find that it creates a reasonable doubt about the existence of the “malice” (under our new Code, the mental state of knowledge or purpose) required for murder, id. at 314-15, thus warranting a possible verdict on a lesser-included offense of murder. Murder eases will almost always turn on the mental state of the accused. Deciding that question is the jury’s function. 2 Wharton’s Criminal Law § 164, at 259 (C. Torcia 14th ed. 1979) (where there is dispute, jury should decide questions of adequate provocation); see also American Law Institute, Model Penal Code and Commentaries § 210.3, at 57-61 (perm. ed. 1980) . Even “words alone,” when they are racial
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing the inherent common law authority of courts to promulgate rules of practice and procedure
B. recognizing limited value of categorical rules on mitiga tion developed by common law
C. recognizing common law right of access to judicial documents
D. recognizing that commission is not bound by statutory or common law rules of evidence
E. recognizing common law privileges
Reply with [A, B, C, D, E] only.