What is the test for a jury to find a defendant guilty of murder of the first or second degree?

Considering the instructions as a whole (People v. Burgener (1986) 41 Cal.3d 505, 538-539, 224 Cal.Rptr. 112, 714 P.2d 1251), we find they adequately informed the jury. We note that in addition to the above instructions, the jury was further instructed: "Also, if you find the defendant's [45 Cal.3d 1111] mental capacity was diminished to the extent that you have a reasonable doubt whether he was able to form the mental states constituting either express or implied malice aforethought, you cannot find him guilty of murder of either the first or second degree. [p] If you have a reasonable doubt, one, whether he was able to form an intention unlawfully to kill a human being, or two, whether he was aware of the duty imposed on him not to commit acts which involve the risk of grave injury or death, or three, whether he did act despite that awareness, you cannot find that he harbored express malice. [p] Further, if you have a reasonable doubt, one, whether his acts were done for a base antisocial purpose, or two, whether he was aware of the duty imposed on him not to commit acts which involve the risk of grave injury or death, or three, whether he did act despite that awareness, you cannot find that he harbored implied malice...." (CALJIC No. 8.77, as modified.)