Attempted Murder: Kill Zone Language
July 17th, 2015


People v. Campos (2007) 156 Cal. App. 4th 1228, 1243, upheld instructing the jury with the “kill zone” option of CC 600. However, the Campos court observed that when a jury is instructed on the intent to murder the person whose attempted murder is charged and on express malice, the “kill zone” option is superfluous. Campos concluded that the “kill zone” theory “is not a legal doctrine requiring special jury instructions. It is a reasonable inference the jury may draw in a given case.” (Ibid.)


Campos also noted an ambiguity in the “kill zone” option for CC 600. Although the concluding sentence of the “kill zone” instruction refers to harm “everyone in the kill zone,” the preceding sentence speaks of an intent “to kill anyone within the kill zone.” (Ibid.)

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