CC 370 (Motive): Will Lay Jurors Understand the Subtle Difference Between Intent – Which Is an Element of the Charge – and Motive – Which Is Not?
March 14th, 2017
The CSC has suggested that lay jurors will readily understand the subtle distinction between intent – which is an element of many crimes – and motive – which is generally not an element …[A]lthough malice and certain intents and purposes are elements of the crimes, as the court correctly instructed the jury, motive is not […]
Tags: CC 370, Mens Rea, Mens Rea: Intent, Mens Rea: Knowledge, Motive, Sample Instructions
Motive Instruction: Clarification Of Problematic Burden Shifting Language
March 14th, 2017
As revised in August 2016, CALCRIM 370 provides as follows: The People are not required to prove that the defendant had a motive to commit (any of the crimes/the crime) charged. In reaching your verdict you may, however, consider whether the defendant had a motive. Having a motive may be a factor tending to show that the defendant […]
Tags: CC 370, Mens Rea, Mens Rea: Intent, Mens Rea: Knowledge, Sample Instructions
Improper to Give CC 370 [Motive Not an Element] in Cases Requiring Motive
December 5th, 2016
Conflicting intent instructions—where one instruction requires the prosecution to prove intent while another instruction eliminates that requirement—can remove an element of the charge in violation of the Due Process Clause of the federal constitution. (See People v. Maurer (1995) 32 Cal.App.4th 1121, 1128; see also People v. Lee (1987) 43 Cal.3d 666, 673–674.) This is […]
Tags: CC 1121, CC 1122, CC 1125, CC 1126, CC 370, Motive
Motive Instruction (CC 370): The Latest Calcrim Revision
December 5th, 2016
Effective August 26, 2016 the CALCRIM committee modified the bench notes for CC 1121, CC 1122, CC1125, and CC 1126 to add an admonition to not give CC 370 in such cases. See: here. The following post addresses that change. However, there are several issues and tactics regarding instruction on motive which CALCRIM does NOT address […]
Tags: CC 370, Motive