What is the test for heat of passion, unreasonable self-defense and sudden quarrel/heat of passion?
California, United States of America
The following excerpt is from People v. Escobar, B260324 (Cal. App. 2016):
Absent evidence that " 'the reason of the accused was obscured or disturbed by passion to such an extent as would cause the ordinarily reasonable person of average disposition to act rashly and without deliberation and reflection, and from such passion rather than from judgment' " (People v. Barton (1995) 12 Cal.4th 186, 201), heat of passion is inapplicable.
One who kills or attempts to kill another person because he or she actually, but unreasonably, believed in the need to defend him- or herself from imminent death or great bodily injury is deemed to have acted without malice. (People v. McCoy (2001) 25 Cal.4th 1111, 1116.) Under such an "unreasonable self-defense" theory, the crime committed is manslaughter or attempted manslaughter, not murder. (Ibid.)
b. The record does not support either sudden quarrel/heat of passion or unreasonable self-defense.
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