Does a preliminary inquiry before the penalty phase need to be held to determine if there is substantial evidence of each element of the criminal activity?
California, United States of America
The following excerpt is from People v. Melendez, 2 Cal.5th 1, 211 Cal.Rptr.3d 49, 384 P.3d 1202 (Cal. 2016):
In People v. Phillips (1985) 41 Cal.3d 29, 72, footnote 25, 222 Cal.Rptr. 127, 711 P.2d 423, a plurality of this court stated that "in many cases it may be advisable for the trial court to conduct a preliminary inquiry before the penalty phase to determine whether there is substantial evidence to prove each element of the other criminal activity." Defendant contends the court erred in not holding such a hearing in this case.
"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
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 impact of the court's penalty phase instructions on the elements, burden of proof and evaluation of evidence of prior criminal activity? (California, United States of America)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
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)
Does a preliminary inquiry need to be held to determine whether there is evidence of unadjudicated criminal conduct? (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)
What is the penalty for actively participating in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity? (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)
How should a jury consider other criminal activity at the penalty phase of a criminal case? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
