Can provocation reduce first degree murder to second degree murder?
California, United States of America
The following excerpt is from The People v. Stevens, C060838, No. 07F00732 (Cal. App. 2010):
Provocation can also reduce first degree murder to second degree murder, but the test for determining whether provocation negates the elements of deliberation and premeditation is a subjective one. (See People v. Wickersham (1982) 32 Cal.3d 307, 327, disapproved on other grounds in People v. Barton (1995)
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