What is the proper standard of passion in a murder case?

California, United States of America


The following excerpt is from People v. Beltran, Ct.App. 1/4 A124392, S192644 (Cal. 2013):

The Attorney General's concern that the proper standard is too low is unfounded for two reasons. First, case law and the relevant jury instructions make clear the extreme intensity of the heat of passion required to reduce a murder to manslaughter. This passion must be a " ' " '[v]iolent, intense, high-wrought or enthusiastic emotion' " ' [citation]." (People v. Breverman (1998) 19 Cal.4th 142, 163 (Breverman).) The emotional response required goes far beyond the type of irritation a person of ordinary disposition would be prompted to feel by the mundane annoyances described above.

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