What is the test for determining whether a defendant's intent was inferred from the circumstantial evidence?

California, United States of America


The following excerpt is from People v. Evans, C076348 (Cal. App. 2015):

Intent may be inferred from circumstantial evidence, as intent can seldom be proven by direct evidence. (In re Mariah T. (2008) 159 Cal.App.4th 428, 440.) To determine intent, "[T]he trier of fact looks to all the circumstances, including the act" and "[o]ther relevant factors [such as] defendant's extrajudicial statements [citation], other acts of lewd conduct admitted or charged in the case [citations], [and] the relationship of the parties. . . ." (People v. Martinez, supra, 11 Cal.4th at p. 445.)

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 intent or mental state is the only element of the charge that rests substantially or entirely on circumstantial evidence? (California, United States of America)
What is the test for a jury to determine whether a defendant was a co-defendant with the intent to assist in a crime? (California, United States of America)
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)
What is the test for a jury to determine whether a defendant who intentionally commits an intentional unlawful killing without malice is guilty of voluntary manslaughter? (California, United States of America)
When will a jury consider the quality of evidence in determining whether the prosecution substantially relied on circumstantial evidence? (California, United States of America)
What is the test for determining whether a defendant's intent to kill was established by the evidence of unprovoked violence? (California, United States of America)
What is the test for determining whether there is sufficient evidence to support the specific intent prong of a finding of criminal intent? (California, United States of America)
What is the test for determining whether there is a conflict in the evidence or the facts or the inferences arising from the evidence? (California, United States of America)
What is the test for determining whether a person's intent is inferred from all the facts disclosed by the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.