What is the test for establishing a "pattern of criminality" in a criminal case?
California, United States of America
The following excerpt is from People v. Tackett, F062188 (Cal. App. 2012):
In determining whether such a "'pattern of criminality'" exists, the court may consider "prior convictions, [the defendant's] performance on probation or parole, and the circumstances of the present offense." (See People v. Jeffrey (2006) 142 Cal.App.4th 192, 196.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that a defendant has committed a criminal offence against a defendant in a criminal case? (California, United States of America)
What is the test for establishing a pattern of criminal activity in a murder case? (California, United States of America)
What is the test for establishing a prima facie case in a criminal case? (California, United States of America)
Does Section 186.22, subdivision of the Criminal Code, make it a felony for actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Can a criminal gang member who is currently charged with an assault under the California Penal Code, and who is not charged under the current legislation, establish a pattern of criminal gang activity? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
Is there any case law in which a defendant has been found to be in breach of the criminal code by failing to comply with the statutory requirement that a pattern of criminal gang activity be gang related? (California, United States of America)
What is the test for establishing a "pattern of related felony conduct" in a criminal case? (California, United States of America)
How should a jury consider other criminal activity at the penalty phase of a criminal case? (California, United States of America)
