What is the test for determining whether a threat to kill was sufficiently unequivocal, unconditional, immediate and specific?
California, United States of America
The following excerpt is from People v. Bustamante, B230898 (Cal. App. 2012):
In People v. Mendoza (1997) 59 Cal.App.4th 1333, 1340, this court held that the determination about "whether the words were sufficiently unequivocal, unconditional, immediate and specific they conveyed to the victim an immediacy of purpose and immediate prospect of execution of the threat can be based on all the surrounding circumstances and not just on the words alone." This includes "any prior history of
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