In what circumstances will a jury at a murder trial consider whether to reduce the severity of the aider and abettor's sentence to a lesser degree of second degree murder?

California, United States of America


The following excerpt is from People v. Cerda, B232572, c/w B235674 (Cal. App. 2015):

(Italics added.) The jurors then indicated that the instruction answered their question. The next day they found both defendants guilty of second degree murder. [] It is therefore clear that the jury was considering whether to impose a lesser degree or offense on the aider and abettor. Notwithstanding that other instructions might have given them that option, there is a reasonable possibility that the trial court's response to their questions improperly foreclosed it." (People v. Nero, supra, 181 Cal.App.4th at pp. 519-520.)

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