What is the test for a prosecution's theory of first degree murder?
California, United States of America
The following excerpt is from People v. Brooks, 219 Cal.Rptr.3d 331, 3 Cal.5th 1, 396 P.3d 480 (Cal. 2017):
One of the prosecution's theories of first degree murder was murder committed by means of torture. ( 189.) To establish this theory of first degree murder, the prosecution must prove "(1) acts causing death that involve a high degree of probability of the victim's death; and (2) a willful, deliberate, and premeditated intent to cause extreme pain or suffering for the purpose of revenge, extortion, persuasion, or for any other sadistic purpose." (People v. Cook (2006) 39 Cal.4th 566, 602, 47 Cal.Rptr.3d 22, 139 P.3d 492.)
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