California, United States of America
The following excerpt is from People v. Clark, 203 Cal.Rptr.3d 407, 372 P.3d 811, 63 Cal.4th 522 (Cal. 2016):
Enmund v. Florida (1982) 458 U.S. 782, 797, 102 S.Ct. 3368, 73 L.Ed.2d 1140, the federal Constitution requires an aider and abettor to capital murder to have the intent to kill, and California's death penalty law permits the jury to find the felony-murder special-circumstance allegation true without finding an intent to kill. But, as defendant acknowledges, in Tison v. Arizona (1987) 481 U.S. 137, 158, 107 S.Ct. 1676, 95 L.Ed.2d 127 (tison ), the united states supreme court held that maJOr partIcipatioN in the felony committed, combined with reckless indifference to human life, is sufficient to satisfy the Enmund culpability requirement. Section 190.2, subdivision (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
[203 Cal.Rptr.3d 487]
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