Felony Murder Special Circumstance: Knowledge of Reckless Indifference — Must Precede Act of Aiding and Abetting
December 21st, 2020
PC 190.2 (d) provides that, “for the purposes of those special circumstances based on the enumerated felonies in paragraph (17) of subdivision (a), which include robbery and burglary, an aider and abettor must have been a “major participant” and have acted “with reckless indifference to human life…’.” (People v. Clark (2016) 63 Cal.4th 522, 609.) […]
Tags: CC 540B, CC 540C, CC 625, CC 703, CC 730, Felony Murder Special Circumstance, Mens Rea: Knowledge, Mental Impairment, Sample Instructions, Special Circumstances, Tison/Banks
Felony Murder Special Circumstance: Knowledge Elements May Be Negated by Intoxication
September 12th, 2020
PC 190.2 (d) provides that, “for the purposes of those special circumstances based on the enumerated felonies in paragraph (17) of subdivision (a), which include robbery and burglary, an aider and abettor must have been a “major participant” and have acted “with reckless indifference to human life…’.” (People v. Clark (2016) 63 Cal.4th 522, 609.) […]
Tags: CC 3426, CC 540B, CC 540C, CC 625, CC 703, CC 730, Felony Murder, Mens Rea: Knowledge, Mental Impairment, Sample Instructions, Special Circumstances, Tison/Banks
CALCRIM Revisions
June 28th, 2019
Effective March 15, 2019 the Judicial Council approved for publication revisions to the following CALCRIM instructions which were published in the March 2019 edition of the Judicial Council of California Criminal Jury Instructions. Instruction Number Instruction Title 104, 202, 222 Evidence, Note-Taking and Read Back of Evidence 301, 334, 335 Single […]
Tags: CALCRIM Revisions, CC 104, CC 1145, CC 1161, CC 1162, CC 1244, CC 1650, CC 1900, CC 1901, CC 1902, CC 1904, CC 1905, CC 1930, CC 1932, CC 1935, CC 202, CC 2140, CC 222, CC 2300, CC 2500, CC 2530, CC 2962, CC 301, CC 3181, CC 335, CC 3412, CC 3413, CC 3426, CC 3454, CC 520, CC 625, CC 707, CC 708, CC 984
Is Larcenous Intent an Element of Robbery?
September 12th, 2016
For decades CALJIC 9.40 has relied on the literal language of PC 211 to define the specific intent required for robbery as an intent to permanently deprive the possessor of the property that is taken. However, this definition is erroneous because robbery requires an intent to steal which is defined as an intent to permanently […]
Tags: CALCRIM Revisions, CC 1600, CC 625, Claim of Right, Defense Theory: Mens Rea/Intent, Homicide, Intoxication, Mens Rea: Intent, Robbery
Malice and Voluntary Intoxication
August 14th, 2015
People v. Turk (2008) 164 Cal. App. 4th 1361, 1382, rejected the defendant’s argument that the instruction gave insufficient guidance that malice aforethought and intent to kill are the same thing. The jury was instructed under CC 520 in defining murder that, “[t]he defendant acted with express malice if he unlawfully intended to kill.” (Ibid.) […]
Tags: CC 520, CC 625, Malice, Mens Rea, Voluntary Intoxication
