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Los Angeles County Superior Court, California Court of Appeals: Holding; Intent to kill is transferrable to anyone the defendant kills, and is not limited to a specific target; thus, a defendant who unintentionally kills a bystander rather than their target is guilty of murder. Court of Appeals reversed. Court membership; Chief Justice: Ronald ...
Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. [1] For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's ...
Most jurisdictions in the United States of America maintain the felony murder rule. [1] In essence, the felony murder rule states that when an offender kills (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder [1] are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such ...
An Allen charge, also referred to as dynamite or hammer charges, refer to jury instructions given to a hung jury — or a jury that is unable to reach a consensus — urging them to agree upon a ...
The initiative creates a treatment-mandated felony for a third possession charge, meaning the accused would have to complete court-supervised drug treatment or be sentenced to a multiyear jail or ...
A man accused of setting off an improvised explosive device in a California courthouse, injuring at least five people and causing “significant and noticeable damage,” intended to kill deputies ...
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code. [1]The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.