What is the prosecution's theory for determining whether a defendant was responsible for the fatal shooting?
California, United States of America
The following excerpt is from People v. Mayes, C073853 (Cal. App. 2015):
The prosecution's theory was felony murder with defendant as either the shooter or as an aider and abettor. The felony-murder rule holds those who commit specified felonies strictly responsible for any killing committed by a cofelon during the commission or attempted commission of the felony, whether the killing is intentional, unintentional, or accidental. (People v. Cavitt (2004) 33 Cal.4th 187, 197 (Cavitt).)
"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
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
In what circumstances will a prosecutor argue to a jury that the law relieves jurors of full responsibility to determine whether a defendant should live or die? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for determining whether a defendant is responsible for the injury caused by a negligent shot? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
What is the test for determining whether a defendant can be convicted of a lesser included crime under section 1097 of the California Public Prosecutions Act? (California, United States of America)
