Does the jury have to consider provocation in deciding whether the crime was first or second degree murder?
California, United States of America
The following excerpt is from People v. LEON, B219153, No. PA064417 (Cal. App. 2011):
"consider provocation in deciding whether the crime was first or second degree murder." The instructions as a whole do not "suggest[] the jury might have failed to fully consider the provocation evidence for second degree murder based on a rejection of the evidence for manslaughter." (People v. Hernandez, supra, 183 Cal.App.4th at p. 1335.)
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