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Whether a crime is inherently dangerous is determined in the abstract without reference to any of the actual events of any particular manner in which a defendant commits a crime. California law is instructive. But there is also a growing trend to analyze the actual facts of the crime committed. But, the Supreme Court has weighed in and determined that a court must assesses risk by one of two alternative methods: consideration of the real-world facts underlying the conviction or consideration of the statutory elements of the crime. Determination in the abstract without reference to any of the actual events of any particular manner in which a defendant commits a crime is void for vagueness.
In assessing whether the felony is inherently dangerous to human life, courts look to the elements of the felony in the abstract, not the particular 'facts' of the case. People v. Phillips, supra, 64 Cal.2d 574, 582; People v. Henderson, supra, 19 Cal.3d 86, 93; People v. Satchell (1971) 6 Cal.3d 28, 36-38, 39-42 [98 Cal.Rptr. 33, 489 P.2d 1361, 50 A.L.R.3d 383]; People v. Lopez (1971) 6 Cal.3d 45, 51-52 [98 Cal.Rptr. 44, 489 P.2d 1372].) This form of analysis ...
