What is the test for a jury to convict a defendant of first degree murder?

California, United States of America


The following excerpt is from People v. Buenrostro, 240 Cal.Rptr.3d 704, 430 P.3d 1179, 6 Cal.5th 367 (Cal. 2018):

Viewing the jury instructions as a whole, as we must ( People v. Huggins (2006) 38 Cal.4th 175, 192, 41 Cal.Rptr.3d 593, 131 P.3d 995 ), we conclude the jurors would have understood that they must be individually convinced of defendants guilt beyond a reasonable doubt before convicting her of first degree murder. (See CALJIC Nos. 8.74 [requiring a jury to unanimously agree on the degree of murder before returning a murder verdict]; 17.40 [requiring a juror to make an individual decision and not decide a question by merely following the majority vote]; 17.43 [directing the jury to address any question during deliberation to the trial court]; and 8.30 [instructing the jury that unpremeditated second degree murder was an intentional unlawful killing

[6 Cal.5th 430]

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