Is a defendant's decision not to contest all elements of a criminal charge not tantamount to a concession?

California, United States of America


The following excerpt is from People v. Merritt, 2 Cal.5th 819, 216 Cal.Rptr.3d 265, 392 P.3d 421 (Cal. 2017):

not to contest one or more elements of an offense is not tantamount to a concession and does not relieve the prosecution of its burden of proof (Estelle v. McGuire (1991) 502 U.S. 62, 69, 112 S.Ct. 475, 116 L.Ed.2d 385 ).

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