What is the test for asking a jury to view the case through the victim's eyes?
California, United States of America
The following excerpt is from People v. Woodruff, 235 Cal.Rptr.3d 513, 421 P.3d 588, 5 Cal.5th 697 (Cal. 2018):
"As a general rule, a prosecutor may not invite the jury to view the case through the victims eyes, because to do so appeals to the jurys sympathy for the victim." ( People v. Leonard (2007) 40 Cal.4th 1370, 1406, 58 Cal.Rptr.3d 368, 157 P.3d 973.)
[5 Cal.5th 767]
"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
Can a victim be ordered to pay restitution to the victim of a crime where the victim suffered indirect economic loss? (California, United States of America)
What is the purpose of asking a victim to identify whether they were the victims of a crime? (California, United States of America)
Can a prosecutor ask the jury to view the case through the victim's eyes? (California, United States of America)
Is it improper for a prosecutor to ask the jury to view the crime through the eyes of the victim? (California, United States of America)
In a sexual assault case, in what circumstances will a prosecutor ask the jury to view the case through the victim's eyes? (California, United States of America)
What is the scope of an allegation of sexual assault brought by a victim's abuser against the victim's family members and/or potential victims? (California, United States of America)
What is the Defendant's contention that he committed acts of mayhem against a victim by attacking the victim with a box cutter? (California, United States of America)
Can a defendant who shot and killed an unarmed, unsuspecting, unsuspecting victim argue that the victim was not particularly vulnerable because he was a healthy police officer with access to a gun? (California, United States of America)
What is the legal test for the right of a victim of a crime to recover damages from the victim's creditors? (California, United States of America)
Is a police dispatch report that was sent to the victim by the victim's mother as evidence for the purposes of her defence? (California, United States of America)
