Can a defendant defend against criminal charges by showing that a third person committed the crime?

California, United States of America


The following excerpt is from People v. Russell, 2d. Crim. No. B262474 (Cal. App. 2017):

"An accused may defend against criminal charges by showing that a third person, not the defendant, committed the crime charged. He has a right to present evidence of third party culpability where such evidence is capable of raising a reasonable doubt as to his guilt of the charged crime. But evidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice; there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime. [Citations.]" (People v. Mackey (2015) 233 Cal.App.4th 32, 110-111.)

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