What is the test for determining whether a defendant committed a specific crime?

California, United States of America


The following excerpt is from People v. Moore, 211 Cal.App.3d 1400, 260 Cal.Rptr. 134 (Cal. App. 1989):

"The other consideration is predicated upon fundamental notions of due process.... 'Emerging from recent cases dealing with the problems arising when a crime is charged and the evidence describes several acts, any one of which could constitute the crime charged, "is the so-called 'either/or' rule: ... either the prosecution must select the specific act relied upon to prove the charge or the jury must be instructed in the words of CALJIC No. 17.01 ... or [the] equivalent that it must unanimously agree beyond a reasonable doubt that defendant committed the same specific criminal act. [Citations.]" [Citation.]' (People v. Callan (1985) 174 Cal.App.3d 1101, 1111 [220 Cal.Rptr. 339] fn. omitted....)

Other Questions


Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
Can a jury rely on expert testimony about gang culture and habits to determine whether a crime committed by a defendant was committed for the benefit of a gang? (California, United States of America)
What is the test for determining whether a defendant has been found to have committed a sexual assault against another defendant? (California, United States of America)
What is the test for determining whether a defendant acted with the specific intent to commit rape when he moved the victim a substantial distance? (California, United States of America)
What is the test for determining whether a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.