Can a jury consider whether provocation was sufficient for heat-of-passion voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Solano, B288587 (Cal. App. 2020):
would have reacted from passion rather than from judgment" to decide whether provocation was sufficient for heat-of-passion voluntary manslaughter. The court also instructed the jury that if the attorneys' comments conflicted with the instructions, it should follow the court's instructions. We presume the jury understood the instructions and followed them as given. (People v. Yeoman (2003) 31 Cal.4th 93, 139.)
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