Does a defendant have a right to have all elements of a special circumstance determined by a jury?

California, United States of America


The following excerpt is from People v. Beltran, 210 Cal.App.3d 1295, 258 Cal.Rptr. 884 (Cal. App. 1989):

Odle relied on Cabana v. Bullock (1986) 474 U.S. 376, 106 S.Ct. 689, 88 L.Ed.2d 704 in concluding that a defendant does not have a federal constitutional right to have all elements of a special circumstance determined by a jury.

Other Questions


Does a defendant have a right to a jury determination of the existence of the fact and "validity" elements of a motion to strike the special circumstance allegation? (California, United States of America)
In what circumstances will a jury be able to determine whether a defendant is guilty of multiple murder on the special circumstance allegation? (California, United States of America)
Does a defendant have to waive his right to a jury trial to determine the truth or falsity of his special circumstance? (California, United States of America)
What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)
Does a defendant have a separate right to have a jury decide the truth of a special circumstance allegation? (California, United States of America)
Does a jury have to find intent to kill to sustain a special circumstance allegation in an attempted robbery special circumstance? (California, United States of America)
What is the test for a jury to determine whether a defendant's failure to instruct the jury on an element of the crime is harmless beyond a reasonable doubt? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)
Does a defendant have a right to a jury trial on a special circumstance allegation? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself against the victim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.