Can a defendant be held liable for first degree murder in a provocative act murder case?

California, United States of America


The following excerpt is from People v. Gallardo, G045875 (Cal. App. 2013):

"To summarize, a defendant is liable for murder when the actus reus and mens rea elements of murder are satisfied. The defendant or an accomplice must proximately cause an unlawful death, and the defendant must personally act with malice. Once liability for murder is established in a provocative act murder case or in any other murder case, the degree of murder liability is determined by examining the defendant's personal mens rea and applying [Penal Code] section 189. Where the individual defendant personally intends to kill and acts with that intent willfully, deliberately, and with premeditation, the defendant may be liable for first degree murder for each unlawful killing proximately caused by his or her acts, including a provocative act murder. Where malice is implied from the defendant's conduct or where the defendant did not personally act willfully, deliberately, and with premeditation, the defendant cannot be held liable for first degree murder." (People v. Concha, supra, 47 Cal.4th at pp. 663-664.)

Other Questions


When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Can provocation reduce first degree murder to second degree murder? (California, United States of America)
Can provocation reduce first degree murder to second degree murder? (California, United States of America)
Does the prosecution of a defendant in a second degree felony murder case proceed on a different theory than a first degree felony charge? (California, United States of America)
Under what circumstances will provocation reduce a man's first degree murder to second degree murder? (California, United States of America)
How does evidence of voluntary intoxication reduce a defendant's first degree murder to second degree murder? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.