What is the test for provocation in a criminal case?
California, United States of America
The following excerpt is from People v. Anderson, B276741 (Cal. App. 2017):
Evidence that a defendant acted rashly in response to provocation may "mitigate[ ] an intentional, unlawful homicide, otherwise murder, to a lesser offense. (People v. Rios (2000) 23 Cal.4th 450, 459.) "For this reason, provocation 'closely resembles an affirmative defense' on which evidence is ordinarily presented by the accused, not the People." (Ibid.) "Indeed, in a murder case, unless the People's own evidence suggests that the
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