Can provocation reduce first degree murder to second degree murder?
California, United States of America
The following excerpt is from People v. Lu, B236609 (Cal. App. 2013):
CALCRIM No. 521 addressed that issue. It informed the jury that first degree murder differs from second degree murder in that the former requires a killing that is intentional, deliberate, and premeditated. The instruction continues: "A decision to kill made rashly, impulsively, [or] without careful consideration [is] not deliberate and premeditated." CALCRIM No. 521 therefore instructed that provocation can reduce first degree murder to second degree murder by negating intent, deliberation and premeditation. (People v. Hernandez, supra, 183 Cal.App.4th at p. 1334 ["Based on
Page 19
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
