What are the requirements for a jury to convict a defendant of second-degree murder?

California, United States of America


The following excerpt is from People v. Williams, B259888 (Cal. App. 2016):

In effect, these instructions together addressed the requirements of Dewberry. The instructions clearly informed the jurors that if they found defendants committed murder, they had to decide the degree of murder, and if they had reasonable doubt as to first degree murder that the prosecutor failed to overcome, the murder was in the second degree. As the court determined in People v. Musselwhite (1998) 17 Cal.4th 1216, 1262, the court gave "the jury several generally applicable instructions governing its use of the reasonable doubt standard. All redounded to defendant's benefit in the sense that each required the jury, where it had a reasonable doubt as to any . . . degrees, to find defendant guilty of the . . . lesser degree, that is, to give defendant the benefit of any reasonable doubts it may have had."

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