What is the test for reasonable provocation in a voluntary manslaughter case?

California, United States of America


The following excerpt is from People v. Beltran, Ct.App. 1/4 A124392, S192644 (Cal. 2013):

At some point, cases introduced the concept of the ordinary person of average disposition to the analysis, not only to generalize the circumstances that would mitigate murder to manslaughter, but also to allow the jury to determine what circumstances would constitute adequate provocation. One of the earliest cases recognizing the role of the person of average disposition in voluntary manslaughter jurisprudence was Maher v. People (Mich. 1862) 10 Mich. 212 (Maher). Maher explained why a killing resulting from adequate provocation should result in mitigated punishment: "[I]f the act of killing, though intentional, be committed under the influence of passion or in heat of blood, produced by an adequate or reasonable provocation, and before a reasonable time has elapsed for the blood to cool and reason to resume its habitual control, and is the result of the temporary excitement, by which the control of reason was disturbed, rather than of any wickedness of heart or cruelty or recklessness of disposition; then the law, out of indulgence to the frailty of human nature, or rather, in recognition of the laws

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