Is Larcenous Intent an Element of Robbery?
September 12th, 2016
For decades CALJIC 9.40 has relied on the literal language of PC 211 to define the specific intent required for robbery as an intent to permanently deprive the possessor of the property that is taken. However, this definition is erroneous because robbery requires an intent to steal which is defined as an intent to permanently […]
Tags: CALCRIM Revisions, CC 1600, CC 625, Claim of Right, Defense Theory: Mens Rea/Intent, Homicide, Intoxication, Mens Rea: Intent, Robbery
Mens Rea and PTSD
August 22nd, 2016
People v. Herrera (2016) 247 CA4th 467 held that exclusion of psychiatric testimony regarding the defendant’s post-traumatic stress disorder (PTSD) required reversal of his murder conviction. PC 28 and 29 limit the use of mental disorder evidence to negate a defendant’s capacity to form any mental state is prohibited, but may be offered on the […]
Tags: CC 3428, Defense Theory Instructions, Defense Theory: Mens Rea/Intent, Defenses and Defense Theories: Basic Principles, Expert Testimony, Mens Rea, Murder
CC 3428 Too Narrowly Limits Jurors’ Use of Mental State Evidence
July 11th, 2016
In People v. Townsel (2016) 63 C4th 25, the jury was instructed with a version of CJ 3.32 which provided as follows: “Evidence has been received regarding a mental defect or mental disorder of the defendant, Anthony Townsel at the time of the crime charged in Counts 1 and 2. You may consider such evidence […]
Tags: CC 3428, Defense Theory: Mens Rea/Intent, Intent, Mens Rea
Mere Knowledge and “Failure to Prevent” Instructions
May 22nd, 2015
Failure to prevent a crime is not enough to make a person an aider and mere knowledge that another is going to commit a crime is not enough to make a person an aider. “Neither his mere presence at the scene of the crime nor his failure, through fear, to prevent a crime establishes, […]
Tags: Accomplice Liability, Aider and Abettor, CC 404, Defense Theory: Mens Rea/Intent