What is the test for establishing that poverty is inadmissible to establish motive for robbery or theft?
California, United States of America
The following excerpt is from People v. Carmona, C/w G053802, G053542 (Cal. App. 2018):
"Ordinarily, '[e]vidence of a defendant's poverty or indebtedness, without more, is inadmissible to establish motive for robbery or theft because it is unfair to make poverty alone a ground of suspicion and the probative value of the evidence is deemed to be outweighed by the risk of prejudice.'" (People v. Clark (2011) 52 Cal.4th 856, 929.)
"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
Is poverty or indebtedness inadmissible to establish a motive to commit robbery or theft? (California, United States of America)
Is grand theft of an item taken during the commission of a robbery a lesser necessarily included offense of the crime of robbery? (California, United States of America)
In what circumstances will the court instruct the jury in a robbery case to consider theft and attempted theft? (California, United States of America)
What is the test for establishing a criminal gang was involved in a grand theft, manslaughter and robbery? (California, United States of America)
What is the test for establishing that entry sufficient to establish a burglary has occurred? (California, United States of America)
What is the test for establishing that possession of stolen property is sufficient to sustain a conviction for a theft-related crime? (California, United States of America)
Is theft a lesser included crime of robbery? (California, United States of America)
How have courts interpreted the term "motive" or "intent" in the context of a robbery-murder special circumstance? (California, United States of America)
Is there any case law where robbery and the robbery were not incidental to the murder? (California, United States of America)
Does section 1101, subdivision (b) of the California Criminal Code allow for the introduction of an uncharged act for the purpose of establishing intent and motive? (California, United States of America)
