What is the test for establishing that there is a presumption of a crime as an element of the crime?

California, United States of America


The following excerpt is from People v. Harris, 37 Cal.Rptr.2d 200, 886 P.2d 1193, 9 Cal.4th 407 (Cal. 1994):

If the error here involved the instructional presumption of an element of a crime, we would inquire, to quote Yates, "whether the force of the evidence presumably considered by the jury in accordance with the instructions is so overwhelming as to leave it beyond a reasonable doubt that the verdict resting on that evidence would have been the same in the absence of the presumption. " (Yates v. Evatt, supra, 500 U.S. at p. 405, 111 S.Ct. at p. 1894, italics added.) In other words, "whether that evidence was of such compelling force as to show beyond a reasonable doubt that the presumptio[n] must have made no difference in reaching the verdict obtained." (Id. at p. 407, 111 S.Ct. at p. 1895, italics added.) In still other words, whether the evidence of the presumed fact made the presumption superfluous.

Other Questions


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)
What is the test for establishing that a property must be subject to some "slight movement" to establish an element in the definition of an element? (California, United States of America)
Does the prosecution have to forgo the use of relevant, persuasive evidence to prove an element of a crime because the element might also be established through other evidence? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
Does the prosecution have to avoid using relevant, persuasive evidence to prove an element of a crime because that element might also be established through other evidence? (California, United States of America)
What is the difference between a crime proscribing a negligent act and a crime with a scienter element? (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)
What are the elements of a lesser included crime within a greater crime? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What are the factors used to establish that nighttime and "high crime area" are high crime areas? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.