How do you determine the elements of a crime?
California, United States of America
The following excerpt is from People v. Ochoa, 231 Cal.App.3d 1413, 282 Cal.Rptr. 805 (Cal. App. 1991):
Neither defendant nor the People have directed us to any cases which set forth how one determines the elements of a crime. It seems to be generally accepted, however, that the language of the statute is the obvious source of the elements of the offense. (See, e.g., Patterson v. New York (1977) 432 U.S. 197, 198-199, 206, 97 S.Ct. 2319, 2320-2321, 2324-2325, 53 L.Ed.2d 281, 284-285, 289.)
"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
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations? (California, United States of America)
What are the elements of a lesser included crime within a greater crime? (California, United States of America)
Is a high rate of crime in a high crime area a factor in determining whether or not to detain appellant? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What is the test for determining whether an element of the crime may not be used to impose the upper term? (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 have properly determined that personal use of a knife was an element of the crime of murder? (California, United States of America)
How to determine the mental element of a crime? (California, United States of America)
What is the test for establishing that there is a presumption of a crime as an element of the crime? (California, United States of America)
