What is the difference between the special circumstance of a murder and a murder allegation?
California, United States of America
The following excerpt is from People v. Castaneda, 2d Crim. No. B249571 (Cal. App. 2018):
protects society from those who kill for financial gain (Michaels, supra, 28 Cal.4th at p. 519), while the gang special circumstance is intended to protect society from gang members who commit murder pursuant to any gang-related activity (People v. Shabazz (2006) 38 Cal.4th 55, 66). Accordingly, both allegations were properly submitted to the jury.
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