Aider and Abettor: Natural and Probable Consequences – Unanimity as to Commission of Nontarget Offense
October 22nd, 2019
The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine: The prosecution theory was that Littleton was the killer. But […]
Tags: Accomplice Liability, Aider and Abettor, Apprendi, Attempted Murder, CC 3500, CC 3501, CC 3502, CC 400, CC 401, CC 402, CC 403, Homicide, Mens Rea, Natural and Probable Consequences, Premeditation and Deliberation
Jury Unanimity (CC 3500 or CC 3501): Child Molestation: Emphasis of What Must Be Found Vis a Vis Multiple Sex Crimes
May 8th, 2015
To convict a defendant of multiple sex crimes that are not distinguished: the jury must find 3 prerequisites “‘We see no constitutional impediment to allowing a jury, so instructed to find a defendant guilty of more than one indistinguishable act, providing. . .three minimum prerequisites. . .are satisfied.’ [Citation.] Those prerequisites include generic evidence describing […]
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes, Strategy Notes and Practice Ideas
Jury Unanimity: Child Molestation
May 5th, 2015
In a child molestation case, CC 3501 may be given instead of CC 3500. “[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to […]
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes
Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense
January 21st, 2015
The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine: The prosecution theory was that Littleton was the killer. […]
Tags: Accomplice Liability, Aider and Abettor, Apprendi, Attempted Murder, CC 3500, CC 3501, CC 3502, CC 400, CC 401, CC 402, CC 403, Homicide, Mens Rea, Natural and Probable Consequences, Premeditation and Deliberation
Jury Unanimity: Child Molestation
February 20th, 2014
In a child molestation case, CC 3501 may be given instead of CC 3500. “[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to the […]
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes
