CALIFORNIA SENATE BILL 1437 OFFERS A DISPROPORTIONATE RESPONSE TO NARROWING ACCOMPLICE LIABILITY FOR FELONY MURDERPok, Kimberly L.Thomas Jefferson Law Review
Under California gun laws, a sentence for a felony can be "enhanced" if you or an accomplice possessed or used a gun during the commission of a crime. In such a case, the sentence for the underlying felony can be made longer. In some cases, much longer.
We have not been cited to, nor have we found, a California case which deals squarely with the question of criminal liability for a homicide occurring in the commission of, or attempt to commit, a felony where the fatal injury is inflicted by one not a participant in the felony. The cou...
under the authorities, be misconduct justifying a reversal, but if the reference to insurance is connected up with an admission of negligence or of liability, or any other relevant admission, it will not be deemed misconduct, even though the law frowns upon references to defendants' insurance cov...
Cops enjoy a certain law-ordained privilege called qualified immunity. This privilege often blocks prosecution and personal liability for actions law enforcement officers took during work, even if their actions could have been prosecuted as citizens. They are literally “above” the law. Cerise Castle...
Gloria’s lawyer told me that in accomplice liability cases, prosecutors just need a convincing argument that the accused knew what was happening and that they were helping in some way. Roughly half a million U.S.-born children lost a parent to arrest, detention, and deportation between 2009...
In traditional liability frameworks, a human is held accountable for decisions they make, but with AI, it is unclear who is responsible when a machine makes a decision. This raises fundamental questions about how law should evolve to address this new reality. ...
in no wise relieves them from liability under section 182 of the Penal Code. In such prosecution the parties may be legally convicted of both crimes and the conviction does not constitute double jeopardy. See also People v. Hoyt,20 Cal. 2d 306, 317 [125 P.2d 29]; and People v. Gordon...