Can a jury consider evidence of sexual assault as an aggravating circumstance?
California, United States of America
The following excerpt is from People v. Frierson, 218 Cal.Rptr. 73, 39 Cal.3d 803, 705 P.2d 396 (Cal. 1985):
As this court has recognized, a jury may not consider evidence of other crimes as aggravating circumstances unless it has first found that these crimes have been proven beyond a reasonable doubt. (People v. Robertson (1982) 33 Cal.3d 21, 53-54, 188 Cal.Rptr. 77, 655 P.2d 279.) Although
Page 85
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
Can evidence of a prior sexual offence be considered in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
What if the jury had been asked to convict Peralta of unlawful sexual intercourse with a minor instead of aggravated rape or aggravated sexual assault by rape? (California, United States of America)
