What is the test for a jury to find that there was sufficient evidence to support a finding that defendants would have or should have known that retaliation was likely to occur?

California, United States of America


The following excerpt is from In Re A.P., H035114, Santa Clara County Super. Ct. No. JV29957 (Cal. App. 2011):

violence in the face of disrespectful behavior," (Medina, supra, 46 Cal.4th at p. 927) and evidence that the crimes were committed as part of that culture, was sufficient to support the finding that defendants "would have or should have known that retaliation was likely to occur and that escalation of the confrontation to a deadly level was reasonably foreseeable...." (Id. at pp. 927-928.) Thus, although murder (or attempted murder) may not always be a natural and probable consequence of a simple assault (People v. Godinez (1992) 2 Cal.App.4th 492, 502), under certain factual situations, particularly in the gang context, a jury is entitled to find that it was (Medina, supra, 46 Cal.4th at pp. 927928; see also, People v. Montes (1999) 74 Cal.App.4th 1050, 1056).

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