What is the test for unanimity in a murder trial?

California, United States of America


The following excerpt is from People v. Smith, 180 Cal.Rptr.3d 100, 337 P.3d 1159, 60 Cal.4th 603 (Cal. 2014):

As we have explained, that finding, if combined with the other findings beyond a reasonable doubt necessary to convictthat whoever committed the murder was a principal in the target crimes, that defendant aided and abetted the target crimes, and that the murders were a natural and probable consequence of the target crimeswould mean each juror was convinced beyond a reasonable doubt that defendant was guilty of murder. No additional unanimity is required. The jury certainly had to find that someone committed murder. But the jury simply did not have to find exactly who that person was. (People v. Culuko (2000) 78 Cal.App.4th 307, 323, 92 Cal.Rptr.2d 789 [applying these principles in a case involving the natural and probable consequence doctrine].)

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Can a jury at a murder trial agree unanimously on a single theory of murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
What evidence has been presented to a jury in a murder trial of a convicted murderer with a history of violence? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.