What is the test for a jury to find a defendant guilty of a sexual assault?
California, United States of America
The following excerpt is from People v. Forman, B266113 (Cal. App. 2016):
exercising this power, the trial court must consider the defendant's background, his constitutional rights, the nature of the current offense, and the interests of society. (Id. at p. 530-531.) The trial court's decision is reviewed for an abuse of discretion. (People v. Carmony (2004) 33 Cal.4th 367, 373-374.)
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