Section 522 | CALCRIM (Jury Instructions)

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Poison Defined. People v. Van Deleer (1878) 53 Cal. 147, 149.
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Premeditation and Deliberation Defined. People v. Pearson (2013) 56 Cal.4th
393, 443–444 [154 Cal.Rptr.3d 541, 297 P.3d 793]; People v. Anderson, supra,
70 Cal.2d at pp. 26–27; People v. Bender (1945) 27 Cal.2d 164, 183–184 [163
P.2d 8]; People v. Daugherty (1953) 40 Cal.2d 876, 901–902 [256 P.2d 911].
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Torture Requirements. People v. Pensinger (1991) 52 Cal.3d 1210, 1239 [278
Cal.Rptr. 640, 805 P.2d 899]; People v. Bittaker (1989) 48 Cal.3d 1046, 1101
[259 Cal.Rptr. 630, 774 P.2d 659], habeas corpus granted in part on other
grounds in In re Bittaker (1997) 55 Cal.App.4th 1004 [64 Cal.Rptr.2d 679];
People v. Wiley (1976) 18 Cal.3d 162, 168–172 [133 Cal.Rptr. 135, 554 P.2d
881]; see also People v. Pre (2004) 117 Cal.App.4th 413, 419–420 [11
Cal.Rptr.3d 739] [comparing torture murder with torture].
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Murder by Poison Requirements. People v. Brown (2023) 14 Cal.5th 453, 471
[305 Cal.Rptr.3d 127, 524 P.3d 1088].
LESSER INCLUDED OFFENSES
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Murder. Pen. Code, § 187.
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Voluntary Manslaughter. Pen. Code, § 192(a).
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Involuntary Manslaughter. Pen. Code, § 192(b).
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Attempted First Degree Murder. Pen. Code, §§ 663, 189.
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Attempted Murder. Pen. Code, §§ 663, 187.
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Elements of Special Circumstances Not Considered in Lesser Included Offense
Analysis. People v. Boswell (2016) 4 Cal.App.5th 55, 59–60 [208 Cal.Rptr.3d
244].
RELATED ISSUES
Premeditation and Deliberation—Heat of Passion Provocation
Provocation may reduce murder from first to second degree. (People v. Thomas
(1945) 25 Cal.2d 880, 903 [156 P.2d 7] [provocation raised reasonable doubt about
premeditation or deliberation, “leaving the homicide as murder of the second degree;
i.e., an unlawful killing perpetrated with malice aforethought but without
premeditation and deliberation”]; see People v. Padilla (2002) 103 Cal.App.4th 675,
679 [126 Cal.Rptr.2d 889] [evidence of hallucination is admissible at guilt phase to
negate deliberation and premeditation and to reduce first degree murder to second
degree murder].) There is, however, no sua sponte duty to instruct the jury on this
issue. (People v. Middleton (1997) 52 Cal.App.4th 19, 31–33 [60 Cal.Rptr.2d 366],
disapproved on other grounds in People v. Gonzalez (2003) 31 Cal.4th 745, 752 [3
Cal.Rptr.3d 676, 74 P.3d 771].) On request, give CALCRIM No. 522, Provocation:
Effect on Degree of Murder.
Torture—Causation
The finding of murder by torture encompasses the totality of the brutal acts and
circumstances that led to a victim’s death. “The acts of torture may not be
HOMICIDE
CALCRIM No. 521
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SECONDARY SOURCES
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.16 (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.04[1][c] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, §§ 142.01, 142