What is the effect of a charge in a sexual assault trial that states that a defendant must choose between two permissible inferences?

"New York", United States of America

The following excerpt is from People v. Ford, 488 N.E.2d 458, 497 N.Y.S.2d 637, 66 N.Y.2d 428 (N.Y. 1985):

Here although the charge informed the jury that as between two permissible inferences defendants were entitled to the one consistent with innocence and that the People must prove every element of a crime beyond a reasonable doubt, the former was part of the general introductory portion of the charge concerning inferences and the latter was given in a discussion of weighing proof. Neither was directly related, as it should have been, to the "complex and problematical reasoning process necessarily undertaken in cases of purely circumstantial evidence" (People v. Barnes, 50 N.Y.2d 375, 381, 429 N.Y.S.2d 178, 406 N.E.2d 1071; accord, People v. Benzinger, loc. cit., supra).

Other Questions


Can a defendant bring a motion for a retrial for a charge of sexual assault at a second trial, even though the first trial has been declared a mistrial? ("New York", United States of America)
How have the Courts in Nova Scotia dealt with allegations of sexual assault, sexual assault and sexual assault against a group of alleged victims? ("New York", United States of America)
Can a defendant who sexually assaulted a vulnerable person be held liable for sexual assault if he should have known of their vulnerability or susceptibility? (MultiRegion, United States of America)
What is the test for a charge under section 924(c)(1) of the Criminal Code when a defendant is found guilty of a charge of sexual assault? (MultiRegion, United States of America)
What is the state of the law in the context of a reduction in the amount of time for a defendant to plead guilty to a charge of sexual assault? (MultiRegion, United States of America)
Can a state involuntarily administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges to render that defendant competent to stand trial? (MultiRegion, United States of America)
What is the effect of a prosecutor's statement to the jury that the sexual assault charge was within permissible limits? (MultiRegion, United States of America)
What is the effect of not being present during a jury trial of a defendant in a sexual assault case? (MultiRegion, United States of America)
Can a federal court order a retrial of a charge of sexual assault brought by a defendant who has been convicted of the same charge? (MultiRegion, United States of America)
What is the current state of the law on whether a state conviction "relates" to aggravated sexual abuse sexual abuse, or abusive sexual conduct involving a minor or ward? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.