What is sufficient evidence to convict a defendant of a sexual assault?

California, United States of America


The following excerpt is from People v. Shackelford, H038811 (Cal. App. 2014):

Under the federal Constitution's due process clause, there is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (Jackson v. Virginia (1979) 443 U.S. 307, 319.) In addressing a claim of insufficient evidence, "the court must review the whole record in the light most favorable to the judgment below to determine whether it discloses

Page 11

substantial evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Johnson (1980) 26 Cal.3d 557, 578.)

" ' "Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance. [Citations.]' [Citation.] ' "Premeditation and deliberation can occur in a brief interval. 'The test is not time, but reflection. "Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly." ' " [Citation.]' [Citations.]" (People v. Solomon (2010) 49 Cal.4th 792, 812 (Solomon).)

Other Questions


When reviewing the sufficiency of the evidence to support the conviction of a defendant in a sexual assault case, what is the test for sufficiency? (California, United States of America)
In assessing the sufficiency of the evidence to support a conviction, what is the test for a jury to convict a defendant of sexual assault? (California, United States of America)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
Is there any case law where a defendant's prior conviction for sexual assault was not sufficient evidence of implied malice? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
Can a defendant appeal against his conviction for sexual assault against the evidence that supports his conviction? (California, United States of America)
What is the test for failing to provide sufficient evidence to convict a defendant in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.