What is the test to reduce a murder to a second degree?

California, United States of America


The following excerpt is from People v. Pardo, D066858 (Cal. App. 2015):

CALCRIM No. 522 provides "[p]rovocation may reduce a murder from first degree to second degree." This instruction is based on the concept that "'"existence of provocation which is not 'adequate' to reduce the class of the offense [from murder to manslaughter] may nevertheless raise a reasonable doubt that the defendant formed the intent to kill upon, and carried it out after, deliberation and premeditation" 'an inquiry relevant to determining whether the offense is premeditated murder in the first degree, or unpremeditated murder in the second degree." (People v. Carasi (2008) 44 Cal.4th 1263, 1306.) The instruction is a " 'pinpoint instruction' relating particular evidence to an element of the offense, and therefore need not be given on the court's own motion." (People v. Rogers (2006) 39 Ca1.4th 826, 878.) A trial court must give a pinpoint instruction, even when requested, only if it is supported by substantial evidence. (People v. Marshall (1997) 15 Cal.4th 1, 39.)

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