CALCRIM Erroneously Fails To Require That The Defendant “Personally Killed” The Victim
February 13th, 2023
The CALCRIM introduction to its felony murder instructions summarizes the impact of SB 1437 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 participation in a designated crime. (Pen. Code, § 188(a)(3).) If a defendant participated in the commission […]
Tags: CC 540A, CC 540B, CC 540C, CC 703, CC 721, CC 722, CC 730, CC 731, CC 732, Felony Murder Special Circumstance, SB 1437, Special Circumstances, Tison/Banks
CALCRIM Erroneously Fails To Require That The Defendant “Personally Killed” The Victim
January 16th, 2023
The CALCRIM introduction to its felony murder instructions summarizes the impact of SB 1437 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 participation in a designated crime. (Pen. Code, § 188(a)(3).) If a defendant participated in the commission […]
Tags: CC 540A, CC 540B, CC 540C, CC 703, CC 721, CC 722, CC 730, CC 731, CC 732, Felony Murder Special Circumstance, SB 1437, Special Circumstances, Tison/Banks