California, United States of America
The following excerpt is from The People v. Beebe, C063176, No. SF109667A (Cal. App. 2010):
"The intent with which a person acts is rarely susceptible of direct proof and usually must be inferred from facts and circumstances surrounding the offense. [Citations.] In reviewing a jury's determination, we view the whole record in a light most favorable to the verdict, drawing all reasonable inferences and resolving all conflicts in support of the jury's verdict. [Citation.] We must uphold the verdict unless it clearly appears that upon no hypothesis whatever is there sufficient evidence to support it. [Citation.]" (People v. Massie, supra, 142 Cal.App.4th at p. 371.)
In particular, regarding torture, "'the circumstances of the offense can establish the intent to inflict extreme or severe pain.' [Citation.] For example, jury may infer intent to cause extreme pain from a defendant who focuses his attack on a particularly vulnerable area, such as the face, rather than indiscriminately attacking the victim.' [Citation.]" (People v. Hamlin (2009) 170 Cal.App.4th 1412, 1426-1427; see People v. Quintero (2006) 135 Cal.App.4th 1152, 1163.)
Page 12
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.