What is the test for a jury to consider a defendant's unadjudicated criminal activity as an aggravating circumstance?
California, United States of America
The following excerpt is from People v. Daveggio, 231 Cal.Rptr.3d 646, 4 Cal.5th 790, 415 P.3d 717 (Cal. 2018):
"The jury's consideration of the defendant's unadjudicated criminal activity as an aggravating circumstance is constitutionally permissible, and the jury need not agree unanimously that the defendant committed the unadjudicated crimes." ( People v. Elliott (2012) 53 Cal.4th 535, 593, 137 Cal.Rptr.3d 59, 269 P.3d 494 ( Elliott ).)
"The most advanced legal research software ever built."
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
Does section 190.3 of the California Criminal Code require a penalty phase jury to consider a defendant's unadjudicated criminal activity as a mitigating factor in the penalty phase? (California, United States of America)
Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
Does the use of unadjudicated criminal activity as an aggravating factor in a sexual assault case constitute an aggravative factor? (California, United States of America)
What is the test for admitting unadjudicated "other criminal activities" and evidence of criminal activity after the crime has been committed? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
Can a jury consider unadjudicated criminal activity as an aggravating factor in a death penalty case? (California, United States of America)
Can a jury consider in aggravation any criminal activity committed by defendant? (California, United States of America)
Does a jury need to unanimously consider unadjudicated criminal activities as a factor in aggravation? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a jury consider unadjudicated criminal activity as an aggravating factor in a death penalty case? (California, United States of America)
