SB 1437 – Jury’s Pre-Banks / Clark Findings Reliable?

Before People v. Banks was ruled upon in 2015, redefining what constituted acting “with reckless disregard for human life” and People v. Clark in 2016 by redefining more narrowly who is a “major participant” in a crime, juries were asked to find this in trials that led to certain sentencing enhancements. Under Senate Bill (SB) 1437, the defendant is excluded from relief if he or she may not have been the actual killer, or did not have the intent to kill, but acted as a major participant with reckless disregard for human life. To find out if the earlier, broader definitions of major participant and reckless disregard are binding post-Banks and Clark, please click on the following link –

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