Can a jury be instructed on specific intent in a premeditated and deliberate first degree murder case?

California, United States of America


The following excerpt is from People v. Benjamin, 124 Cal.Rptr. 799, 52 Cal.App.3d 63 (Cal. App. 1975):

[52 Cal.App.3d 85] The trial judge has a Sua sponte duty to instruct on specific intent in specific intent crimes. (People v. Ford, 60 Cal.2d 772, 793, 36 Cal.Rptr. 620, 388 P.2d 892.) Premeditated and deliberate first degree murder requires a specific intent to kill. (People v. Conley, 64 Cal.2d 310, 320, 49 Cal.Rptr. 815, 411 P.2d 911.) While the judge did not give the two instructions requested, he did give CALJIC No. 8.20 which states that for the killing to have been deliberate and premeditated murder it must have been 'preceded and accompanied by a clear, deliberate intent on the part of the defendant to kill.' Thus, the jury was instructed on the requisite intent.

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