Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM March 21st, 2023
This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice. These defects in the CALCRIM instructions […]
Tags: Accomplice Liability , Aider and Abettor , CC 3426 , CC 400 , CC 401 , CC 403 , CC 404 , CC 520 , CC 521 , CC 625 , CC402 , Defense Theory: Intoxication , Defense Theory: Mens Rea/Intent , Elements Of Charge , Implied Malice , Intoxication , Mens Rea , Mens Rea: Intent , Mens Rea: knowledge; CALCRIM Not Always Up To Date , Voluntary Intoxication
Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM February 27th, 2023
This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice. These defects in the CALCRIM instructions […]
Tags: Accomplice Liability , Aider and Abettor , CC 3426 , CC 400 , CC 401 , CC 403 , CC 404 , CC 520 , CC 521 , CC 625 , CC402 , Defense Theory: Intoxication , Defense Theory: Mens Rea/Intent , Elements Of Charge , Implied Malice , Intoxication , Mens Rea , Mens Rea: Intent , Mens Rea: knowledge; CALCRIM Not Always Up To Date , Voluntary Intoxication
Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM January 24th, 2023
This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice. These defects in the CALCRIM instructions were […]
Tags: Accomplice Liability , Aider and Abettor , CC 3426 , CC 400 , CC 401 , CC 403 , CC 404 , CC 520 , CC 521 , CC 625 , CC402 , Defense Theory: Intoxication , Defense Theory: Mens Rea/Intent , Elements Of Charge , Implied Malice , Intoxication , Mens Rea , Mens Rea: Intent , Mens Rea: knowledge; CALCRIM Not Always Up To Date , Voluntary Intoxication
Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM November 30th, 2022
Direct aiding and abetting is based on the combined actus reus of the participants and the aider and abettor’s “own mens rea.” (People v. McCoy (2001) 25 Cal.4th 1111, 1122; see also People v. Powell (2021) 63 Cal.App.5th 689, 712-13.) The aider and abettor’s mens rea includes several subjective mental elements as observed by People […]
Tags: Accomplice Liability , Aider and Abettor , CC 3426 , CC 400 , CC 401 , CC 403 , CC 404 , CC 520 , CC 625 , CC402 , Defense Theory: Intoxication , Defense Theory: Mens Rea/Intent , Elements Of Charge , Implied Malice , Intoxication , Mens Rea , Mens Rea: Intent , Mens Rea: knowledge; CALCRIM Not Always Up To Date , Voluntary Intoxication
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
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
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 , 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
Stalking Instruction Upheld But Has Possible Problem September 4th, 2015
The language of CC 1301 was upheld against several challenges in People v. Ibarra (2007) 156 Cal. App. 4th 1174, 1195-1197. In Ibarra, the Court of Appeal also rejected a request for a unanimity instruction noting that stalking always involves a continuous course of conduct over a period of time. (Id. at 1198.) The Court […]
Tags: CC 1301 , Mens Rea , Mens Rea: Knowledge , Stalking
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