Can provocation reduce malice murder to the second degree?

As we explained in People v. Jones (2014) 223 Cal.App.4th 995, 1000-1001 (Jones) provocation can reduce first degree murder to second degree murder, and can reduce murder to manslaughter. "[A] subjective test applies to provocation as a basis to reduce malice murder from the first to the second degree: it inquires whether the defendant in fact committed the act because he was provoked. The rationale is that provocation may negate the elements of premeditation, deliberateness and willfulness that are required for that degree of the crime. [Citation.] But more is required to reduce malice murder to voluntary manslaughter. For that, an objective test also applies: the provocation must be so great that, in the words of CALCRIM No. 570, it 'would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment.'" (Ibid.)

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