Does the definition of "cruel" apply to torture?

California, United States of America


The following excerpt is from People v. Barrera, 14 Cal.App.4th 1555, 18 Cal.Rptr.2d 395 (Cal. App. 1993):

As Barrera acknowledges, the term "cruel" in the definition of torture withstands a challenge based upon vagueness. (People v. Talamantez (1985) 169 Cal.App.3d 443, 457, 215 Cal.Rptr. 542 [discussing torture-murder].)

Other Questions


When does the torture special circumstance apply when the first degree murder is a torture murder? (California, United States of America)
Does the definition of premeditation under section 664(a) of the California Criminal Code apply to a murder that was committed intentionally, deliberately or deliberately? (California, United States of America)
Is there any case law that supports the argument that a murder by torture by torture is not murder by means of physical evidence? (California, United States of America)
Does the definition of arson and kidnapping apply to the felony-murder theory of first degree murder? (California, United States of America)
Does the cruel and unusual punishments clause in the Eighth Amendment apply to the death penalty? (California, United States of America)
Can the torture-murder special circumstance be established without first proving an act of torture? (California, United States of America)
Does the term "substantial" in the definition of an aggravating circumstance in a murder case apply to determine whether the accused has a history of serious assaultive criminal convictions? (California, United States of America)
What is the test for premeditated and deliberate intent to torture under the torture-murder special circumstance? (California, United States of America)
How have the courts treated the question of intent to torture in the context of the torture-murder special circumstance? (California, United States of America)
Does the definition of "wilfully" violate section 273a of the Criminal Code apply to a defendant who committed acts of wilfully? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.