Does the risk of death inherent in an unarmed robbery constitute a special circumstance for a defendant who participated in the crime?

California, United States of America


The following excerpt is from People v. Irwine, A141008 (Cal. App. 2016):

16. The risk of death inherent in an unarmed robbery does not, in itself, support a special circumstance finding for a defendant who participated in the crime. (People v. Banks (2015) 61 Cal.4th 788, 808 (Banks).) Furthermore, knowledge that one's accomplice is armed does not, in itself, establish reckless indifference to human life. (Id. at p. 809, fn. 8.) But where, as here, these facts are complemented by other significant facts, reckless indifference to human life may be found. (See ibid.)

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