California, United States of America
The following excerpt is from People v. Brooks, C053124 (Cal. App. 1/29/2008), C053124 (Cal. App. 2008):
"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].' [Citation.] (People v. Padilla (2002) 103 Cal.App.4th 675, 678.)
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