How relevant are the personal characteristics of the victim and the setting of the crime?

California, United States of America


The following excerpt is from People v. Barker, A143846 (Cal. App. 2016):

Both the personal characteristics of the victim and the setting of the crime are relevant. (People v. Price (1984) 151 Cal.App.3d 803, 814.) Defendant argues that the record did not show that he had any position of trust. He points out that he was not her parent, quasi-parent, or caretaker. He maintains that there was no evidence of an ongoing close or cordial relationship between defendant and her family. He argues that the victim said he was a friend but did not describe how close of a friend.

Other Questions


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)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
Can a person encouraging or facilitating the commission of a crime be held criminally liable for any other crime that was a natural and probable consequence of the crime? (California, United States of America)
Can a victim be ordered to pay restitution to the victim of a crime where the victim suffered indirect economic loss? (California, United States of America)
When a police officer has an objective, reasonable, articulable suspicion a person has committed a crime or is about to commit a crime, can the officer briefly detain the person? (California, United States of America)
Is discovered a crime discovered when either the victim or law enforcement learns of facts which, if investigated with reasonable diligence, would make the victim aware of the crime? (California, United States of America)
What is the "reasonable person" standard in determining whether a person is a reasonable person? (California, United States of America)
Is a person who aids and abets the commission of a crime considered a principal in the crime? (California, United States of America)
If a jury finds that a person sentenced to death for a crime committed while on death row has not been found guilty of the crime, does this constitute a miscarriage of justice? (California, United States of America)
Can the actual killer be held liable as an accessory on the theory that he encouraged the murder victim to commit the crime after he had committed the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.