California, United States of America
The following excerpt is from People v. Cruz, 260 Cal.Rptr.3d 166, 46 Cal.App.5th 740 (Cal. App. 2020):
only an intended assault, but a murder results, that person may be guilty of that murder, even if unintended, if it is a natural and probable consequence of the intended assault. " ( People v. Chiu (2014) 59 Cal.4th 155, 161, 172 Cal.Rptr.3d 438, 325 P.3d 972.) Under the natural and probable consequences theory, it is not necessary that the prosecution prove the accomplice intended to kill another. This is because the murder was not intended at all. ( Id. at p. 164, 172 Cal.Rptr.3d 438, 325 P.3d 972.) " Because the [murder] is unintended, the mens rea of the aider and abettor with respect to that offense is irrelevant and culpability is imposed simply because a reasonable person could have foreseen the commission of the [murder]. " ( Ibid. )
A separate theory to support a murder conviction is the felony-murder
[260 Cal.Rptr.3d 174]
rule. "The felony-murder rule makes a killing while committing certain felonies murder without the necessity of further examining the defendant's mental state." ( People v. Chun, supra , 45 Cal.4th at p. 1182, 91 Cal.Rptr.3d 106, 203 P.3d 425.) Under the felony-murder rule, " the requisite malice for a murder conviction " is imputed " to those who commit a homicide during the perpetration of a felony inherently dangerous to human life. " ( Id. at p. 1184, 91 Cal.Rptr.3d 106, 203 P.3d 425.) Both the actual killer and the accomplice can be convicted of murder under the felony-murder rule.
B. Senate Bill 1437
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