What is the test for determining whether an individual committed an act of criminal intent?

California, United States of America


The following excerpt is from People v. Fujita, 117 Cal.Rptr. 757, 43 Cal.App.3d 454 (Cal. App. 1974):

5 'This is so because intent is inherently difficult to prove by direct evidence. Therefore, the act itself, together with its surrounding circumstances must generally form the basis from which the intent of the actor may legitimately be inferred.' (People v. Burnham, 194 Cal.App.2d 836, 841, 15 Cal.Rptr. 596, 599, quoting from People v. Proctor, 169 Cal.App.2d 269, 279, 337 P.2d 93.)

Other Questions


What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (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 the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang? (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)
What is the test for a jury to determine whether a defendant committed an intentional act or an intentional failure to do a required act? (California, United States of America)
Does a new criminal conviction for a charge of possession of a drug with intent to commit a criminal offence violate subdivision (e) of the Criminal Code? (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)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.