What are the elements of murder by torture?
California, United States of America
The following excerpt is from People v. Epps, C073140 (Cal. App. 2016):
Murder perpetrated by torture is murder in the first degree. (People v. Edwards (2013) 57 Cal.4th 658, 715.) The elements of murder by torture are "1) an act or acts causing death that involve a high degree of probability of death, 2) a causal relationship between the torturous act and death, 3) a willful, deliberate, and premeditated intent to
Page 19
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (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)
When does the torture special circumstance apply when the first degree murder is a torture murder? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (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)
Can a defendant argue that awareness of pain was not an element of 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)
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)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
What is the test for a jury to convict a defendant of first degree murder by torture, poisoned, and premeditated murder? (California, United States of America)
