Can a jury return a guilty verdict on a charge of murder if it finds concurrent causes of death, even if the criminal act was not a principal cause of death?

California, United States of America


The following excerpt is from People v. Catlin, 109 Cal.Rptr.2d 31, 26 Cal.4th 81, 26 P.3d 357 (Cal. 2001):

Defendant claims that these instructions misstated the law by permitting the jury to return a guilty verdict on a charge of murder if it found concurrent causes of death, even if the criminal act was not a principal cause of death. The law provides, however, that as long as the jury finds that without the criminal act the death would not have occurred when it did, it need not determine which of the concurrent causes was the principal or primary cause of death. Rather, it is required that the cause was a substantial factor contributing to the result: "`[N]o cause will receive judicial recognition if the part it played was so infinitesimal or so theoretical that it cannot properly be regarded as a substantial factor in bringing about the particular result.'" (People v. Caldwell (1984) 36 Cal.3d 210, 220, 203 Cal.Rptr. 433, 681 P.2d 274; see also In re M.S. (1995) 10 Cal.4th 698, 719-720, 42 Cal. Rptr.2d 355, 896 P.2d 1365.)

Other Questions


In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Is there any case law where a jury returned two verdict forms for first degree murder, one for guilty and one for not guilty? (California, United States of America)
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of murder and attempted murder for the benefit of a criminal street gang? (California, United States of America)
Does a jury's guilty verdict on felony murder and its true finding for the robbery special circumstance necessarily resolve the factual issues related to malice murder? (California, United States of America)
What factors will the court consider in deciding whether to join the murder charge with the domestic violence charge as a separate set of charges under section 954 of the California Criminal Code? (California, United States of America)
When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)
When will a jury not award the death penalty to a defendant who has pleaded guilty to the charge of first-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.