What is the test for reducing malice murder from the first to the second degree to voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Jones, B242963 (Cal. App. 2014):

Thus, a subjective test applies to provocation as a basis to reduce malice murder from the first to the second degree: it inquires whether the defendant in fact committed the act because he was provoked. The rationale is that provocation may negate the elements of premeditation, deliberateness and willfulness that are required for that degree of the crime. (People v. Hernandez (2010) 183 Cal.App.4th 1327, 1333 (Hernandez).) But more is required to reduce malice murder to voluntary manslaughter. For that, an objective test also applies: the provocation must be so great that, in the words of CALCRIM No. 570, it "would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment."

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