Can a direct perpetrator of a crime be convicted of first degree murder under the natural and probable consequences doctrine?
California, United States of America
The following excerpt is from People v. Klinefelter, E072566 (Cal. App. 2019):
A direct perpetrator may not be convicted of first degree murder under the natural and probable consequences doctrine. (People v. Chiu (2014) 59 Cal.4th 155, 166.) "[A] defendant's culpability for aiding and abetting a target crime that would naturally, probably, and foreseeably result in a murder under the natural and probable consequences doctrine" is punishable as second degree murder. (Ibid.) Thus, since defendant was the
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