In what circumstances will a defendant be found guilty of voluntary manslaughter by reason of provocation?

California, United States of America


The following excerpt is from People v. Grant, B264820 (Cal. App. 2016):

circumstances[, such as] when the defendant acts in a 'sudden quarrel or heat of passion' ( 192, subd. (a))."'" (People v. Moye (2009) 47 Cal.4th 537, 549.)

The words "upon a sudden quarrel or heat of passion," in section 192, subdivision (a), includes both a subjective and an objective component. As to the objective component, the victim's conduct must have been sufficiently provoking so as to cause a reasonable person of average disposition to act rashly or without due deliberation and reflection. (People v. Enraca (2012) 53 Cal.4th 735, 759.) "The standard is not the reaction of a 'reasonable gang member.'" (Ibid.)

"'The provocation which incites the defendant to homicidal conduct in the heat of passion must be caused by the victim [citation], or be conduct reasonably believed by the defendant to have been engaged in by the victim. [Citations.] The provocative conduct by the victim may be physical or verbal, but the conduct must be sufficiently provocative that it would cause an ordinary person of average disposition to act rashly or without due deliberation and reflection. [Citations.]' [Citation.] [] . . .'"However, if sufficient time has elapsed between the provocation and the fatal blow for passion to subside and reason to return, the killing is not voluntary manslaughter. . . ." [Citation.]' [Citation.]" (People v. Moye, supra, 47 Cal.4th at pp. 549-550.)

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