Does a plaintiff have to request an instruction that objective standards of provocation apply to reduce murder to second degree murder?

California, United States of America


The following excerpt is from People v. Oakley, B248796 (Cal. App. 2015):

objective standards used to determine implied malice on the one hand and gross negligence on the other. However, in the trial court he failed to request such an instruction, and therefore he has forfeited the contention. (People v. Jones (2014) 223 Cal.App.4th 995, 1000-1001 [holding absent a request, trial court had no duty to give a clarifying instruction that an objective standard of provocation applies to reduce murder to voluntary manslaughter, but not to reduce first to second degree murder].)

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