Felony Murder Special Circumstances: Required Elements
February 1st, 2014
In a felony-murder special-circumstances case the judge has a duty to instruct that the defendant must (1) have personally had the intent to kill or (2) have been a major participant in the commission of the underlying felony and have acted with reckless indifference to human life. (People v. Mil (2012) 53 Cal. 4th 400, 409.)
Tags: CC 703, CC 731, Felony Murder, Felony Murder Special Circumstance, Homicide, Special Circumstances, Tison/Banks