What is the test for motive in a criminal case?
California, United States of America
The following excerpt is from People v. Rodriguez-Vera, A151215 (Cal. App. 2019):
[though not an element of the crime, motive may be probative of, among other things, intent or the commission of the criminal act itself]; People v. Samaniego, supra, 172 Cal.App.4th at p. 1168 [probative value of motive generally exceeds its prejudicial effect and " ' "wide latitude is permitted in admitting evidence of its existence" ' "].)
"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
When there is no apparent motive in a criminal case, does the absence of apparent motive make the case less persuasive? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Does the illegibility of exhibits 19 and 20 in a criminal case affect their authentication under section 352 of the Criminal Code? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
What is the test for prejudicial evidence in the context of evidence of racial motivation in criminal cases? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
