What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault?
California, United States of America
The following excerpt is from People v. Miller, B286820 (Cal. App. 2018):
Since "mental state was not the only element of the case resting on circumstantial evidence; . . . , the trial court did not err in reading the more inclusive instruction." (People v. Marshall (1996) 13 Cal.4th 799, 849.)
"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
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a defendant has been found to have committed a sexual assault against another defendant? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
When will a jury consider a defendant's mental state as a mitigating factor in determining his mental state? (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 determining whether a sexual assault victim is sexually assaulted on a bus? (California, United States of America)
What factors must be considered in determining whether a person who commits acts of sexual assault has been found to be a sex offender? (California, United States of America)
Is there any evidence that alcohol was not a factor in determining whether a defendant's mental state was impaired by alcohol? (California, United States of America)
Can a defendant who committed an assault with intent to commit sex crimes such as kidnapping, rape and forcible oral copulation receive a determinate sentence for the assault that followed? (California, United States of America)
