What is the test for determining whether a witness was an accomplice to a defendant?

California, United States of America


The following excerpt is from People v. Clark-Johnson, C062076 (Cal. App. 2011):

"When the evidence at trial would warrant the jury in concluding that a witness was an accomplice of the defendant in the crime or crimes for which the defendant is on trial, the trial court must instruct the jury to determine if the witness was an accomplice." (People v. Hayes (1999) 21 Cal.4th 1211, 1270-1271.) The court must further instruct the jury that the testimony of an accomplice is to be viewed with caution and that the defendant may not be convicted on the basis of an accomplice's testimony unless it is corroborated. (People v. Hayes, supra, 21 Cal.4th at p. 1271.) Where a codefendant's testimony exculpates himself but incriminates his codefendant, the jury should be instructed to view the testifying codefendant's testimony with caution only as it applies to the

Page 35

Other Questions


What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a witness implicates a defendant was an accomplice? (California, United States of America)
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 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 determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)
Does a jury have a duty to determine whether a witness is an accomplice? (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)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.