Legal Question in Criminal Law in California
In California, does therehave to be a finding of 1st degree Murder for the jury to be given special circumstance instructions? If the charge was lowered to Manslaughter would special circumstances apply?
2 Answers from Attorneys
No. "Special circumstances" only apply in first degree murders to raise the sentence from 25-to-life to life-without-parole or death. Of course there can be other enhancements, for example for gun use or prior criminal history.
The DA elected to file special circumstances allegations. If the jury returns a verdict of guilty on first degree murder, then they must find whether or not the special circumstances are true. If they find the defendant not guilty of murder, but guilty of the lesser charge of manslaughter, the special circumstances would not apply. Other enhancements (such as weapons use, etc.) may, but not special circumstances.
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