California, United States of America
The following excerpt is from People v. Jones, (Cal. 2013):
Defendant argues the standard jury instruction on motive, CALJIC No. 2.51, which states that motive is not an element of the crime but is a circumstance the jury can consider, violated his state and federal constitutional rights by allowing the jury to determine his guilt based on proof of motive alone, by improperly lightening the prosecution's burden of proof, and by shifting the burden of proof such that defendant was required to prove his innocence. We have many times rejected these exact claims (see, e.g., People v. Whalen (2013) 56 Cal.4th 1, 71; People v. Kelly (2007) 42 Cal.4th 763, 792), and we find no reason to reexamine those prior decisions.
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