What is the test for establishing that the charged crime actually happened?

California, United States of America


The following excerpt is from People v. Nguyen, G048348 (Cal. App. 2014):

"The corpus delicti rule requires the prosecution to prove that 'the charged crime actually happened' exclusive of the accused's extrajudicial statements. [Citation.] Only a 'slight or prima facie showing, permitting the reasonable inference that a crime was committed, is sufficient.' [Citations.] Such evidence need not point to defendant as the perpetrator. [Citation.]" (People v. Ray (1996) 13 Cal.4th 313, 342.)

Other Questions


Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
Is a charge for an uncharged crime included in a charge of a lesser included crime? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
When a defendant is charged with a similar crime to the charged crime, does the prior offence have to be proven to prove a common plan? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.