What is the test for whether provocation can negate malice so as as to mitigate murder to voluntary manslaughter?

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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