Chiu Doctrine Not Applicable to Transferred Intent
August 1st, 2016

People v. Chiu (2014) 59 C4th 155 held that an aider and abettor could not be found guilty of premeditated murder under the natural and probable consequences doctrine because the mental state for premeditation and deliberation is “uniquely subjective and personal.” (See The Chiu Doctrine Explained.)

However, People v. Vasquez (2016) 246 CA4th 1019 held that a prosecution theory of transferred intent does not implicate the concerns raised in Chiu because under the transferred intent doctrine, the intent required for the crime at issue is already established with respect to one victim and is transferred to the ultimate victim.

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