Can a defendant be found guilty of first degree murder without intent if the death of an unintended victim was reasonably foreseeable?

California, United States of America


The following excerpt is from People v. Williams, 16 Cal.4th 635, 66 Cal.Rptr.2d 573, 941 P.2d 752 (Cal. 1997):

14 The trial court's instruction on the "natural and probable consequences" doctrine as an alternative basis for aider and abettor liability advised the jury that defendant could be guilty of first degree murder without intent to kill each victim if the killings were the natural and probable consequence of conduct defendant did intend. We reject defendant's contention that the trial court had to instruct the jury on its own initiative that the death of an unintended victim must be "reasonably foreseeable." (See People v. Roberts (1992) 2 Cal.4th 271, 321-322, 6 Cal.Rptr.2d 276, 826 P.2d 274.)

Other Questions


When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
In what circumstances will a defendant be found guilty of first degree murder and sentenced to death by reason of gross negligence? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Is there any evidence that the instruction that a defendant was either guilty of murder in the first degree or innocent in the second degree or guilty of manslaughter was incorrect? (California, United States of America)
Can a jury find a defendant guilty of first degree murder if it found the murder was committed by torture or by lying in wait? (California, United States of America)
In what circumstances will a defendant be found guilty of first-degree murder for his complicity in a robbery? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
In what circumstances will a defendant be found guilty of first-degree murder for a hit-and-run incident? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
When will a jury not award the death penalty to a defendant who has pleaded guilty to the charge of first-degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.