Does the reasonable doubt standard apply to the privilege against self-incrimination contained in section 15 of the state Constitution?

California, United States of America


The following excerpt is from People v. Jimenez, 147 Cal.Rptr. 172, 21 Cal.3d 595, 580 P.2d 672 (Cal. 1978):

Although the defendant urges that the privilege against self-incrimination contained in article I, section 15 of the state Constitution requires application of the reasonable doubt standard in order to fully protect the important values embodied therein, we find it unnecessary to reach the constitutional question as we conclude for the reasons set forth below that the reasonable doubt standard is required as a judicially declared rule of criminal procedure. (See People v. Gainer (1977) 19 Cal.3d 835, 852, 139 Cal.Rptr. 861, 566 P.2d 997 and cases cited therein.)

Other Questions


Does the Attorney General's admonishment of a jury to rely solely on "reason, logic and common sense" apply to the reasonable doubt standard? (California, United States of America)
Does the absence of an instruction defining reasonable doubt result in a jury failing to apply the same reasonable doubt test? (California, United States of America)
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
What is the difference between the "no reasonable possibility" standard and the "harmless beyond a reasonable doubt" standard? (California, United States of America)
Does the doctrine of reasonable doubt apply to a defendant's due process right to appeal against a jury verdict that diminished the prosecution's burden to prove beyond a reasonable doubt? (California, United States of America)
What is the test for a reasonable probability of a more favourable result under the reasonable beyond reasonable doubt standard? (California, United States of America)
Does the absence of lingering doubt from a recitation of evidence the defense offered in an attempt to raise reasonable doubt raise a reasonable doubt? (California, United States of America)
What is the standard of proof for a prosecutor to argue that a reasonable doubt standard is reasonable? (California, United States of America)
When will this court apply the Jimenez beyond a reasonable doubt standard to test the voluntariness of a confession? (California, United States of America)
Does the requirement of proof of every element of a crime beyond a reasonable doubt apply to jury instructions in a state criminal trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.