In what circumstances will a jury consider whether a defendant has motive?

California, United States of America


The following excerpt is from People v. Lopez, S073597 (Cal. 2013):

circumstance in this case. Presence of motive may tend to establish a defendant is guilty. Absence of motive may tend to show that a defendant is not guilty." "[T]he instruction did not shift the burden of proof. It merely told the jury it may consider the presence or absence of motive. [Citations.] The motive instruction . . . did not undercut other instructions that correctly informed the jury that the prosecution had the burden of proving guilt beyond a reasonable doubt." (People v. Cleveland (2004) 32 Cal.4th 704, 750.) We decline defendant's invitation to revisit these conclusions.

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