Does intoxication or heat of passion render a killing a second degree murder rather than a first degree murder?
California, United States of America
The following excerpt is from People v. Powell, A149038 (Cal. App. 2017):
(Ibid.) Intoxication or heat of passion may render a killing a second degree murder rather than a first degree murder by negating premeditation and deliberation. (People v. Carasi (2008) 44 Cal.4th 1263, 1306; see People v. Hughes (2002) 27 Cal.4th 287, 342.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How does evidence of voluntary intoxication reduce a defendant's first degree murder to second degree murder? (California, United States of America)
How have courts reduced the charge of second degree murder from first degree to second degree? (California, United States of America)
What is the test for reducing 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)
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)
What is the definition of first degree murder and what is second degree murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of 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)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
