Can provocation reduce the elements of premeditation and deliberation to second degree murder?

California, United States of America


The following excerpt is from People v. Mansury, D067770 (Cal. App. 2016):

are satisfied the jurors would have understood that provocation could negate the elements of premeditation and deliberation and thereby reduce first degree murder to second degree murder. (See People v. Carrington (2009) 47 Cal.4th 145, 192 [noting the " 'correctness of jury instructions is to be determined from the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction' "].)

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