Tag Archives: CC 402


CALCRIM Proposes Changes to Felony Murder/Accomplice Instructions Per SB 1437 to Be Effective September 24, 2019
June 14th, 2019

The proposed modifications are summarized in an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01). The proposed effective date of the changes is 9/24/19. CALCRIM summarizes the proposed felony murder/accomplice changes as follows:   Senate Bill No. 1437 (2017-2018 Reg. Sess.) substantially changed accomplice liability for felony murder. Malice may no longer be imputed simply from […]


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Reversible Chiu Error: Not Clear Beyond A Reasonable Doubt That Jurors Rejected Natural and Probable Consequences Theory
August 22nd, 2016

People v. Brown (2016) 247 CA4th 211 reversed Brown’s first degree murder conviction in light of People v. Chiu (2014) 59 Cal.4th 155. The jury was instructed on three first degree murder theories: (1) Brown was the actual killer, (2) he aided and abetted the actual killer with the intent to kill, and (3) he […]


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Chiu Error: Review Granted to Reconsider People v. Favor (2012) 54 Cal.4th 868
August 15th, 2016

The CSC has granted review in several cases to consider whether to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor […]


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Chiu Applies Retroactively to Convictions That Were Final on Appeal When Chiu Was Decided
August 9th, 2016

In re Lopez (2016) 246 CA4th 350 concerned a conviction which was final on appeal when People v. Chiu (2014) 59 C4th 155 was decided. See The Chiu Doctrine Explained.  The Chiu opinion did not state whether it applied retroactively to convictions that were final on appeal when it was decided. Lopez concluded that Chiu […]


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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 […]


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The Chiu Doctrine Explained
July 8th, 2016

People v. Chiu (2014) 59 C4th 155 created an important exception to the natural and probable consequences doctrine with respect to premeditated malice murder and attempted murder. As Chiu explained, “[t]here are two distinct forms of culpability for aiders and abettors. First, an aider and abettor with the necessary mental state is guilty of the […]


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Natural and Probable Consequences: Aider and Abettor Need Not Reasonably Foresee Attempted Murder
May 18th, 2015

  People v. Favor (2012) 54 Cal. 4th 868, 879-880, held that when applying the natural and probable consequences doctrine to a premeditation allegation under PC 664(a), the jury must initially find that an aider and abettor committed an attempted murder. The jury then must determine if the attempted murder was willful, deliberate, and premeditated. […]


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Synonymous Terminology Used to Designate a Person Who Committed a Crime
February 20th, 2015

  PC 31 and PC 971 use the use the word “principal” to designate a person who may be liable to be convicted for committing a crime. However, some cases use descriptive words such as “participant” or “confederate.” And, some jury instructions (e.g., CC 373, CC 402, CC 415, CC 540C, CC 541C, and CC […]


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Aider And Abettor: Natural And Probable Consequences – Right To Pinpoint Instruction On Defense Theory That Non-Target Crime Was The Independent Product Of The Perpetrator’s Mind Outside Of, Or Foreign To, The Common Design
January 30th, 2015

  People v. Smith (2014) 60 Cal. 4th 603 eliminated an element of the natural and probable consequences liability which the prosecution was required to prove by CC 402. However, in so doing Smith provided a basis for a defense pinpoint instruction relating the natural and probable consequences doctrine to evidence that the perpetrator of […]


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CALCRIM Is Not The Law And Is Not Sacrosanct
January 27th, 2015

  “Jury instructions are only judge-made attempts to recast the words of statutes and the elements of crimes into words in terms comprehensible to the lay person. The texts of standard jury instructions are not debated and hammered out by legislators, but by ad hoc committees of lawyers and judges. Jury instructions do not come […]


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