What is the test for presenting evidence of third party culpability in a criminal case?

California, United States of America


The following excerpt is from The People v. Cook, 111 Cal.Rptr.2d 204, 91 Cal. App. 4th 910 (Cal. App. 2001):

A criminal defendant has a right to present evidence of third party culpability if the evidence is capable of raising a reasonable doubt about the guilt of the defendant. (People v. Hall (1986) 41 Cal.3d 826, 833.) This rule does not require "that any evidence, however remote, must be admitted to show a third party's possible culpability. . . . [E]vidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice to raise a reasonable doubt about a defendant's guilt: there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime." (Ibid.)

Other Questions


What is the test for presenting evidence of third party culpability in a criminal case? (California, United States of America)
What is the test for presenting evidence of third party culpability in a criminal case? (California, United States of America)
Does the exclusion of third party culpability evidence in a criminal case violate a defendant's right to present a defense? (California, United States of America)
What is the test for establishing evidence of third party culpability in a criminal case? (California, United States of America)
What is the test for excluding third party culpability evidence in a criminal case? (California, United States of America)
Can a defendant defend against criminal charges by presenting evidence of third party culpability? (California, United States of America)
What is the test for allowing evidence of third party culpability in a criminal case? (California, United States of America)
What is the test for allowing third party culpability evidence in a criminal case? (California, United States of America)
What is the test for evidence of third party culpability in a criminal case? (California, United States of America)
Is third party culpability evidence in a federal civil case permissible? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.