What is the test for a finding of first degree murder?
California, United States of America
The following excerpt is from People v. Aleman, B220310 (Cal. App. 2011):
11. As given here, No. 700, states: "If you find the defendant guilty of first degree murder, you must also decide whether the People have proved that the special circumstance of murder during commission of [a] robbery is true. [] The People have the burden of proving the special circumstance beyond a reasonable doubt. If the People have not met this burden, you must find the special circumstance has not been proved. [] In order for you to return a finding that a special circumstance is or is not true, all 12 of you must agree."
12. See Miranda v. Arizona (1966) 384 U.S. 436.
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