Tag Archives: Mens Rea: Knowledge


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: , , , , ,


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: , , , ,


Hit and Run: Knowledge Element
August 10th, 2014

  When supported by substantial evidence, the defense has the right, upon request, to a defense theory instruction which focuses on the prosecution’s burden to prove that the defendant actually knew of the injury or if he knew that the accident was of such a nature that one would reasonably anticipate that it resulted in […]


Tags: , , ,