What is the test for substantial evidence in a kidnapping case?

California, United States of America


The following excerpt is from People v. Liddell, B292304 (Cal. App. 2019):

favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." ' [Citation.] 'Substantial evidence' is evidence which is ' "reasonable in nature, credible, and of solid value." ' [Citation.]" (People v. Morgan (2007) 42 Cal.4th 593, 613-614.)

"To prove a defendant guilty of kidnapping, the prosecution must establish that (1) the defendant took, held, or detained another person by using force or by instilling reasonable fear; (2) using that force or fear, the defendant moved the other person, or made the other person move a substantial distance; and (3) the other person did not consent to the movement." (People v. Burney (2009) 47 Cal.4th 203, 232; 207, subd. (a).) "[T]he force used against the victim 'need not be physical. The movement is forcible where it is accomplished through the giving of orders which the victim feels compelled to obey because he or she fears harm or injury from the accused and such apprehension is not unreasonable under the circumstances.' " (People v. Majors (2004) 33 Cal.4th 321, 326-327.)

Other Questions


What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
What constitutes substantial evidence in the context of a motion to appeal against a finding of substantial evidence? (California, United States of America)
What is the substantial evidence standard for claims of insufficiency of evidence in a criminal case? (California, United States of America)
What is the test for establishing substantial movement for a substantial distance in a kidnapping case? (California, United States of America)
What is the test for a finding of substantial evidence under a substantial evidence standard of review? (California, United States of America)
Does a substantial evidence analysis in a medical malpractice case have any relation to the "some evidence" standard of review? (California, United States of America)
What is substantial evidence applied for a substantial evidence application to review whether an employer failed to pay a certain amount of wages? (California, United States of America)
What is considered substantial evidence in the context of the definition of the word "substantial evidence"? (California, United States of America)
What is the substantial evidence standard for claims of insufficiency of evidence in a criminal case? (California, United States of America)
When determining whether there is substantial evidence to support a conviction, what is the test for substantial evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.