Is a jury required to agree the accused committed the same act or acts?

California, United States of America


The following excerpt is from People v. Scott, 170 Cal.App.3d 267, 215 Cal.Rptr. 618 (Cal. App. 1985):

Even in the absence of a request, a trial court has a duty to instruct on general principles of law closely and openly connected with the facts before the court and which are necessary for the jury's understanding of the case. (People v. Freeman (1978) 22 Cal.3d 434, 437, 149 Cal.Rptr. 396, 584 P.2d 533.) Where there is evidence of several criminal acts and the defendant is not charged with a violation of all those acts, it has been held that the trial court is required, sua sponte, to instruct the jury they must all agree the accused committed the same act or acts. But here CALJIC 17.01 was not required.

Other Questions


Does section 12310 of the California Criminal Code require a willfully and maliciously committed act of violence to be deemed to be an act of malice? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
What is the test for a jury to determine whether a defendant committed an intentional act or an intentional failure to do a required act? (California, United States of America)
When multiple acts constitute a continuous course of conduct, does the court have to agree that unanimity instruction is required in order to convict multiple acts? (California, United States of America)
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal? (California, United States of America)
What is the test for determining whether a defendant acted with the indicated motivation and intent to commit acts of hatred or ill will? (California, United States of America)
If the prosecution does not make a selection, can the court compel the jury to unanimously agree upon the act or acts constituting the crime? (California, United States of America)
Where an allegation of sexual assault is made directly to the accused in writing, does the accused have to notify the accused of the allegation of a specific violation of his or her due process? (California, United States of America)
Is the crime of conspiracy complete "when two or more persons agree to commit a crime and do some overt act in furtherance of the agreement"? (California, United States of America)
Is a party who is a co-defendant in a criminal act liable for the crime even if the crime was committed by his co-accused? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.