The Huge Impact of A Tiny Two-Letter Word
October 15th, 2020
In this March 10, 2020 post FORECITE discussed the CALCRIM instructions which define great bodily injury as a “significant or substantial physical injury … that is greater than minor or moderate harm.” The post suggested, in reliance on People v. Medellin (2020) 45 Cal.App.5th 519, 533- 535 that — as argued by the prosecutor in […]
Tags: CC 1300, CC 1402, CC 1501, CC 1530, CC 1551, CC 2501, CC 2503, CC 2514, CC 2578, CC 2720, CC 2721, CC 2745, CC 2746, CC 2747, CC 3130, CC 3145, CC 3149, CC 3150, CC 3160, CC 3161, CC 3162, CC 3163, CC 3177, CC 3477, CC 505, CC 508, CC 511, CC 524, CC 525, CC 571, CC 580, CC 581, CC 582, CC 590, CC 592, CC 604, CC 810, CC 820, CC 860, CC 862, CC 863, CC 875, CC 970, CC 982, CC 983, GBI, Sample Instructions
Involuntary Manslaughter: Existence of Legal Duty As Jury Question
August 10th, 2015
The Bench Notes state that the determination of whether a defendant has a legal duty is one to be decided by the judge, not the jury. However, this conclusion violates United States Supreme Court precedents which require that every element of an enhancement must be proved beyond a reasonable doubt and found true by a […]
Tags: Apprendi, CC 582, Involuntary Manslaughter
