Can a jury consider in aggravation any criminal activity committed by defendant?

California, United States of America


The following excerpt is from People v. Seaton, 110 Cal.Rptr.2d 441, 26 Cal.4th 598, 28 P.3d 175 (Cal. 2001):

Defendant argues the instructions just mentioned were wrong because they implied the jury could consider in aggravation any criminal activity committed by defendant, whereas the jury could consider only criminal activity involving force or violence or the threat to use force or violence. ( 190.3, factor (b).) But when the trial court defined the factors that the jury could consider in aggravation and mitigation,

[110 Cal.Rptr.2d 505]

it properly limited the criminal activity the jury could consider to those involving "the use or attempted use of force or violence or the express or implied threat to use force or violence." We find no reasonable likelihood that, given these instructions, the jury did not understand what types of criminal activity it could consider. (See People v. Clair (1992) 2 Cal.4th 629, 663, 7 Cal.Rptr.2d 564, 828 P.2d 705 [reasonable likelihood standard applies when reviewing claims of ambiguous instructions].)

[110 Cal.Rptr.2d 505]

Other Questions


Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
What is the test for a jury to consider a defendant's unadjudicated criminal activity as an aggravating circumstance? (California, United States of America)
Does section 190.3 of the California Criminal Code require a penalty phase jury to consider a defendant's unadjudicated criminal activity as a mitigating factor in the penalty phase? (California, United States of America)
What is the test for admitting unadjudicated "other criminal activities" and evidence of criminal activity after the crime has been committed? (California, United States of America)
Does Section 186.22, subdivision of the Criminal Code, make it a felony for actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity a criminal offence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.