What is the test for adequacy for provocation in a murder case?

California, United States of America


The following excerpt is from People v. Antwane, B240539 (Cal. App. 2013):

ordinarily reasonable person, they were insufficient to provoke defendant's two brothers. Furthermore, the desire for revenge does not qualify as a passion that will reduce a killing to manslaughter. (People v. Bufarale (1961) 193 Cal.App.2d 551, 562.)

Although no specific type of provocation is required (People v. Berry (1976) 18 Cal.3d 509, 515), the court may resolve the question when the provocation is so slight or so severe that reasonable jurors could not differ on the issue of adequacy. (People v. Brooks (1986) 185 Cal.App.3d 687, 693.)

Other Questions


Does provocation constitute provocation in a murder case? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
What is the test for adequacy of provocation in a murder case? (California, United States of America)
Can a defendant be held liable for first degree murder in a provocative act murder case? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Is provocation sufficient to reduce a murder to second degree murder? (California, United States of America)
Is there any case law that supports the argument that a murder by torture by torture is not murder by means of physical evidence? (California, United States of America)
What is the test for provocation in a murder case? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.