In what circumstances will a jury find that the provocation was sufficient to prompt a person to kill?

California, United States of America


The following excerpt is from People v. Castillon, H042690 (Cal. App. 2018):

Second, CALCRIM No. 570 does not, as Medina suggests, instruct the jury that, to find manslaughter, they must find that the provocation was sufficient to prompt a person to kill. Rather, the instruction correctly states only that the provocation must be sufficient to have caused a person "of average disposition" to "act rashly and without due deliberation." (CALCRIM No. 570.) In other words, the defendant's "anger or other passion must be so strong that the defendant's reaction bypassed his thought process to such an extent that judgment could not and did not intervene." (People v. Beltran (2013) 56 Cal.4th 935, 949.)

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