What is the test for liability for felony murder?

California, United States of America


The following excerpt is from People v. Johnson, 271 Cal.Rptr.3d 441, 57 Cal.App.5th 257 (Cal. App. 2020):

4 "Liability for felony murder does not depend on an examination of the individual state of mind of each person causing an unlawful killing to determine whether the killing was with or without malice .... ... The felony-murder rule generally acts as a substitute for the mental state ordinarily required for the offense of murder. " (People v. Cavitt (2004) 33 Cal.4th 187, 205, 14 Cal.Rptr.3d 281, 91 P.3d 222.) "The natural and probable consequences doctrine ... allows an aider and abettor to be convicted of murder, without malice ...." (People v. Culuko (2000) 78 Cal.App.4th 307, 322, 92 Cal.Rptr.2d 789, italics added.)

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