What is the test for determining whether a witness in a sexual assault case was an accomplice to the accused?

California, United States of America


The following excerpt is from The People v. Roger Southfield, F058498, Super. Ct. No. VCF195224 (Cal. App. 2010):

""[W]henever the testimony given upon the trial is sufficient to warrant the conclusion upon the part of the jury that a witness implicating a defendant was an accomplice, '" the trial court must instruct the jury, sua sponte, to determine whether the witness was an accomplice. [Citation.] If the testimony establishes that the witness was an accomplice as a matter of law, the jury must be so instructed. [Citation.] In either case, the trial court also must instruct the jury, sua sponte, that the testimony of the accomplice witness is to be viewed with distrust [citations], and (2) that the defendant cannot be convicted on the basis of the accomplice's testimony unless it is corroborated...." (People v. Zapien (1993) 4 Cal.4th 929, 982.)

Other Questions


What is the test for determining whether a witness is an accomplice in a sexual assault case? (California, United States of America)
What is the test for determining whether a sexual assault victim is sexually assaulted on a bus? (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 or not a witness in a sexual assault case is credible? (California, United States of America)
Where an allegation of sexual assault is made directly to the accused in writing, does the accused have to notify the accused of the allegation of a specific violation of his or her due process? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a plaintiff has been sexually harassed or sexually assaulted? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
What are the factors used to determine whether an elderly woman would be a potential witness in a sexual assault case? (California, United States of America)
What are the factors used by a court to determine whether a witness in a sexual assault case has been successful? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.