What is the test for determining whether a motorcyclist can be found guilty of causing death by dangerous driving under a "special instruction" in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Berryman, 25 Cal.Rptr.2d 867, 6 Cal.4th 1048, 864 P.2d 40 (Cal. 1993):
The refusal was not error. As explained, it is not the law--contrary to the substance of this "special" instruction--that the "penalty may be fixed at [6 Cal.4th 1105] death only if the aggravating circumstances are found to outweigh the mitigating beyond a reasonable doubt...." (People v. Mickey, supra, 54 Cal.3d at p. 701, 286 Cal.Rptr. 801, 818 P.2d 84.) 30
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