In what circumstances will the court allow the defense to argue that provocation played a role in the manslaughter instruction?
California, United States of America
The following excerpt is from The People v. Price, F055783, No. 1074210 (Cal. App. 2010):
degree murder. Further, the manslaughter instruction does not preclude the defense from arguing that provocation played a role in preventing the defendant from premeditating and deliberating; nor does it preclude the jury from giving weight to any evidence of provocation in determining whether premeditation existed. For the foregoing reasons, we hold that CALJIC No. 8.73 is a pinpoint instruction that need not be given on the court's own motion." (People v. Rogers, supra, 39 Cal.4th at p. 880.)
Moreover, appellant made no request for modification or clarification of the instructions given by the court. (See People v. Parson (2008) 44 Cal.4th 332, 352). In view of the authority of Rogers and the absence of a request for modification or clarification, no reversible instructional error occurred.3
"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.
Other Questions
In what circumstances will a defendant be able to argue that the trial court did not abuse its discretion in allowing testimony about two prior convictions subject to the conditions the court imposed? (California, United States of America)
How have the courts interpreted the instructions in the context of manslaughter instructions in cases where the instruction was limited or limited? (California, United States of America)
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)
Does a trial court have an obligation to instruct a sua sponte on a voluntary manslaughter based on unreasonable self-defense based on provocation? (California, United States of America)
Does a defense argue that a court must instruct sua sponte on presumptions relating to the defense? (California, United States of America)
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter? (California, United States of America)
Does the trial court erred in failing to instruct the jury on a diminished capacity defense in the context of involuntary manslaughter? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does a court have a duty to instruct on the defense of others as a legal defense to assault? (California, United States of America)
In a penalty case, in what circumstances will the court allow the jury to instruct the jury on a defendant's failure to testify in the penalty phase? (California, United States of America)
