Tag Archives: Voluntary Manslaughter

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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Voluntary Manslaughter: Defense Claims Rejected
January 10th, 2014

  In People v. Genovese (2008) 168 Cal. App. 4th 817, three challenges to CC 571 were rejected. First, the court rejected a claim that the voluntary manslaughter instructions were erroneous because they did not tell the jury the role that malice or lack of malice plays in reducing murder to voluntary manslaughter. Genovese rejected […]

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