What is the test for "persuasiveness or forcefulness" in a criminal case?

California, United States of America


The following excerpt is from People v. Collins, C075997 (Cal. App. 2017):

persuasiveness or forcefulness. [Citations.] '[A] criminal defendant may not stipulate or admit his way out of the full evidentiary force of the case as the Government chooses to present it.' (Old Chief v. United States (1997) 519 U.S. 172, 186-187 [136 L.Ed.2d 574].)" (People v. Rogers (2013) 57 Cal.4th 296, 329-330.) Even where the circumstantial evidence of intent is strong, "the prosecution had the right to present all available evidence to meet its burden of proving the requisite mens rea . . . ." (Id. at p. 330 [mens rea for first degree murder].)

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