What is the test for reducing first degree murder to voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Washington, F061674, Super. Ct. No. F10902147 (Cal. App. 2012):
Voluntary manslaughter is a killing that has been reduced even further by a greater degree of provocation. (People v. Steele (2002) 27 Cal.4th 1230, 1253.) To reduce first degree murder to voluntary manslaughter, an objective test is applied. (Ibid.) Under that more demanding test, the jury must find not only that the defendant was in fact provoked, but that a reasonable person would have been provoked under the circumstances. (Ibid.)
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