How have courts interpreted the doctrine of abandonment in a criminal case?

California, United States of America


The following excerpt is from People v. Hubbell, A149806 (Cal. App. 2018):

"[T]he instruction given adequately conveyed the concept that if flight was found, the jury was permitted to consider alternative explanations for that flight other than defendant's consciousness of guilt." (People v. Bradford (1997) 14 Cal.4th 1005, 1055.) Indeed, the jury was expressly instructed on his defense of abandonment as follows: "[I]f a person freely and voluntarily abandons his or her plans before taking a direct step toward committing a burglary, then the person is not guilty of attempted burglary."

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