What is the test for a jury to agree that a defendant killed someone because of a sudden quarrel or in the heat of passion?

California, United States of America


The following excerpt is from People v. Warren, B253552 (Cal. App. 2015):

In addition, the trial court correctly instructed the jury in part under CALCRIM No. 570 that "[t]he defendant killed someone because of a sudden quarrel or in the heat of passion if: [] . . . [] [t]he provocation would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment." The court also instructed the jury under CALCRIM No. 200 that, if they believed the attorneys' comments on the law conflicted with the court's instructions, they were required to follow the court's instructions. Absent a showing to the contrary, we assume the jury understood and followed the instructions given. (People v. Mickey (1991) 54 Cal.3d 612, 689, fn. 17.) "[A]rguments of counsel 'generally carry less weight with a jury than do instructions from the court. The former are usually billed in advance to the jury as matters of argument, not evidence [citation], and are likely viewed as the statements of advocates; the latter, we have often recognized, are viewed as definitive

Page 26

Other Questions


What is the test for a jury to convict a defendant of first-degree murder where malice was not the intent to kill in the absence of sudden quarrel or heat of passion? (California, United States of America)
In what circumstances will a defendant be found guilty of murder based on sudden quarrel or heat of passion? (California, United States of America)
Can a finding that a defendant was acting upon a sudden quarrel or heat of passion reduce murder to voluntary manslaughter? (California, United States of America)
Can a jury consider defendant's conduct after the killing in relation to the manner of the killing? (California, United States of America)
Can a defendant who kills another while driving under the influence rely upon the fact of self-induced intoxication to defend against the charge of murder? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a defendant be found guilty of attempted murder (or voluntary manslaughter) if his intent was either to kill or to kill everyone on the dance floor? (California, United States of America)
In what circumstances will a defendant be held responsible for the death of a pedestrian who was struck and killed by a Defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.