Is manslaughter a lesser crime related to the greater charged offense of murder?

All this is not to deny that manslaughter, as currently understood, is a lesser offense related to the greater charged offense of murder. But this very day, in People v. Birks (1998) 19 Cal.4th 108, 77 Cal.Rptr.2d 848, 960 P.2d 1073, we hold that a trial court need not instruct on lesser related offenses even at the defendant's request, and indeed generally may not do so. If we [19 Cal.4th 184] are to qualify that holding, we [960 P.2d 1121] should do so deliberately. The majority do not even make an attempt. ¹