Tag Archives: Heat of Passion/Provocation

Provocation And Premeditation/Deliberation
August 3rd, 2015

  In People v. Hernandez (2010) 183 Cal. App. 4th 1327, the defendant argued that CC 522 failed to specifically state that provocation can negate premeditation and deliberation necessary for first degree murder. The reviewing court acknowledged that CJ 8.73 did specifically state that premeditation and deliberation can be negated by provocation. However, CC 522 […]

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Provocation Does Not Require Single Incident Qualifying As Provocation
July 27th, 2015

  CC 511 states that sufficient provocation may occur over a short period of time or over a long period of time. Thus, provocation may exist even though there was not a single incident qualifying as sufficient provocation. For example, malice may be negated by a long period of minor events, culminating in sufficient provocation. […]

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