Is provocation sufficient to reduce a murder to second degree murder?

California, United States of America


The following excerpt is from People v. Quiming, H043494 (Cal. App. 2018):

"To reduce a murder to second degree murder, premeditation and deliberation may be negated by heat of passion arising from provocation. [Citation.] If the provocation would not cause an average person to experience deadly passion but it precludes the defendant from subjectively deliberating or premeditating, the crime is second degree murder. [Citation.]" (People v. Hernandez (2010) 183 Cal.App.4th 1327, 1332; see also People v. Carasi (2008) 44 Cal.4th 1263, 1306 [provocation that is insufficient to reduce the offense from murder to manslaughter may raise a reasonable doubt that the defendant deliberated and premeditated].)

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