In what circumstances will a jury consider prior threats and violence against the victim in determining that she was in a state of terror at the time of the shooting?

California, United States of America

The following excerpt is from People v. Martinez-Hernandez, A149656 (Cal. App. 2018):

In other words, the terror is not to be confined to the threat and the shot, but can take account of the victim's state of mind following the shot. Such is in accordance not only with common sense, but with established authority, which permits consideration of past threats and the complete interplay between the defendant and the victim, including prior threats. (See People v. Wilson (2010) 186 Cal.App.4th 789, 812-814 and authorities cited; People v. Allen (1995) 33 Cal.App.4th 1149, 1156 ["The victim's knowledge of defendant's prior conduct is relevant in establishing that the victim was in a state of sustained fear."].) Thus, the jury could take account of the weeks of threats and violenceagainst the wife and the childrenthat preceded this particular threat and shot.

Page 6

"The most advanced legal research software ever built."

Try it today free of charge!

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

In what circumstances will a jury be instructed to consider "the expressed or implied threat to use force or violence" as a factor in determining penalty? (California, United States of America)

Does a defendant who points a gun at the victim's head and makes a conditional threat to shoot the victim if he refuses to leave, constitute assault by conditional threat? (California, United States of America)

Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made? (California, United States of America)

How have courts interpreted the rule that prior determination is not conclusive either if injustice would result or if the public interest requires that the prior determination not to be foreclosed? (California, United States of America)

In a motor vehicle accident case, in what circumstances will a jury consider whether there is an aggravating or mitigating circumstance in determining which of the two most serious penalties apply? (California, United States of America)

When will a jury consider a defendant's mental state as a mitigating factor in determining his mental state? (California, United States of America)

What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)

In what circumstances will a jury consider a defendant's prior armed robbery convictions as an aggravating factor in determining that he committed two other crimes? (California, United States of America)

Does the implied threat of violence in the context of possession of knives and firearms constitute an implied threat to violence? (California, United States of America)

Does state-mind evidence of a victim's state of mind have to be considered admissible in a murder trial? (California, United States of America)

In what circumstances will a jury consider prior threats and violence against the victim in determining that she was in a state of terror at the time of the shooting?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources