Tag Archives: CC 582

Involuntary Manslaughter: Existence of Legal Duty As Jury Question
August 10th, 2015

The Bench Notes state that the determination of whether a defendant has a legal duty is one to be decided by the judge, not the jury. However, this conclusion violates United States Supreme Court precedents which require that every element of an enhancement must be proved beyond a reasonable doubt and found true by a […]

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