What is the test for a jury to determine whether a party to a murder case is guilty of a special circumstance?
California, United States of America
The following excerpt is from People v. Quezada, 2d Crim. No. B244800 (Cal. App. 2015):
A trial court must instruct the jury sua sponte on the general principles of law that are closely and openly connected to the facts and that are necessary for the jury's understanding of the case. (People v. Banks (2014) 59 Cal.4th 1113, 1159.) To prove that any special circumstance other than felony murder ( 190.2, subd. (a)(17)) applies to an aider and abettor, the prosecution must establish the aider and abettor's intent to kill. ( 190.2, subd. (c); People v. Souza (2012) 54 Cal.4th 90, 108.) "An erroneous
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instruction on the intent to kill element of a special circumstance, however, 'does not require reversal if a reviewing court concludes . . . that the error is harmless beyond a reasonable doubt.' [Citations.]" (People v. Nunez (2013) 57 Cal.4th 1, 45.)
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