Is there any inconsistency in the instruction on the special circumstance of first degree murder by torture?

California, United States of America


The following excerpt is from People v. Davenport, 221 Cal.Rptr. 794, 41 Cal.3d 247, 710 P.2d 861 (Cal. 1985):

Appellant asserts that there were apparent inconsistencies between this instruction on the special circumstance--which required findings of intent to kill and suffering by the victim--and the instruction under section 189--which did not require intent to kill but did require intent to cause cruel pain and suffering for some sadistic purpose. 8 He claims the court failed to adequately explain to the jury the difference between first degree murder by torture and the special circumstance. This must inevitably have led to confusion in the minds of the jurors on a matter vital to the judgment and is reversible error. (People v. Dail (1943) 22 Cal.2d 642, 653, 140 P.2d 828.)

Other Questions


Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
When does the torture special circumstance apply when the first degree murder is a torture murder? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
What is the difference between a defendant's special instruction in a first degree murder case and a special circumstance finding? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
What is the appropriate sentence for a defendant convicted of first degree felony murder with the felony-murder special circumstance? (California, United States of America)
In what circumstances will the jury be instructed that the crime of first degree murder requires unanimous agreement on a particular theory of murder? (California, United States of America)
Can the torture-murder special circumstance be established without first proving an act of torture? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
How have courts used the felony murder special circumstance findings to demonstrate that instructional errors on other aspects of the murder instructions are harmless? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.