California, United States of America
The following excerpt is from People v. Saldivar, E070787 (Cal. App. 2019):
"The test of whether provocation or heat of passion can negate malice so as to mitigate murder to voluntary manslaughter is objective. [Citations.] '[N]o defendant may set up his own standard of conduct and justify or excuse himself because in fact his passions were aroused, unless . . . the facts and circumstances were sufficient to arouse the passions of the ordinarily reasonable [person].' The test of whether provocation or heat of passion can negate deliberation and premeditation so as to reduce first degree murder to second degree murder, on the other hand, is subjective." (People v. Padilla (2002) 103 Cal.App.4th 675, 678.) The subjective test "inquires whether the defendant in fact committed the act because he was provoked." The objective test requires that the provocation be so great that it " 'would have caused a person of average disposition to act
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rashly and without due deliberation, that is, from passion rather than from judgment.' " (People v. Jones (2014) 223 Cal.App.4th 995, 1000-1001 (Jones)
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