Can a murder be reduced to voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Martinez, G057186 (Cal. App. 2020):

A murder can be reduced to voluntary manslaughter under circumstances that are viewed as negating malice. (People v. Beltran (2013) 56 Cal.4th 935, 942 (Beltran).) Malice can be negated by the defendant's sudden quarrel or heat of passion

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arising from provocation that would cause a reasonable person of average disposition to act rashly and without reflection. (Ibid.) When the prosecution's own evidence contains adequate evidence of provocation, the defense has no burden of producing evidence, and the prosecution must prove beyond a reasonable doubt provocation was lacking. (People v. Rios (2000) 23 Cal.4th 450, 462-463 (Rios).)

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