What is the test for a jury to determine whether a defendant has to prove their motive in order to be found guilty of manslaughter?

California, United States of America


The following excerpt is from People v. Cauich, A154490 (Cal. App. 2020):

Finally, even if the instruction was erroneous, defendant has not established a reasonable likelihood that the jury applied the challenged instruction in a manner that violates the law. (People v. Castaneda (2011) 51 Cal.4th 1292, 1320.) She claims there was a reasonable likelihood the jury understood the motive instruction "to mean that the defendant does have to prove [her] motive, at least in regard to self-defense and manslaughter, which depend on facts peculiarly within [her] knowledge, and which, in the instant case, depended primarily on facts presented in [defendant's] own testimony in

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the defense case." Not so. The court gave instructions on self-defense (CALCRIM No. 505), heat-of-passion manslaughter (CALCRIM No. 570), and imperfect self-defense (CALCRIM No. 571), all of which instructed that the People bore the burden of proving beyond a reasonable doubt that defendant did not act with justification, in the heat of passion, or in imperfect self-defense. The jury is presumed to have followed its instructions (People v. Chism (2014) 58 Cal.4th 1266, 1299; People v. Yeoman (2003) 31 Cal.4th 93, 138-139), and defendant has not demonstrated otherwise.

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