What is the test for substantial evidence to support each of the essential elements of a criminal offence?

California, United States of America

The following excerpt is from People v. J.S. (In re J.S.), H046495 (Cal. App. 2019):

Evidence to support each of the essential elements of a criminal offense must be substantial. (People v. Johnson (1980) 26 Cal.3d 557, 577.) To be substantial, evidence "must be 'of ponderable legal significance . . . reasonable in nature, credible, and of solid value.' [Citations.]" (Id. at p. 576.) While we review the record in the light most favorable to the judgment, " 'we must resolve the issue in the light of the whole record . . . and may not limit our appraisal to isolated bits of evidence.' " (Id. at p. 577.)

Page 5

Other Questions

Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (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)
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
When there is substantial evidence that a element of the charged offense is missing but that the accused is guilty of a lesser included offence, what is the test for instructing the jury to convict the accused of the same offence? (California, United States of America)
What is the sufficiency of evidence to support a criminal conviction under the substantial evidence standard? (California, United States of America)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial 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.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • How it works
  • Pricing
  • Solo & small firms
  • Midsize firms
  • Large firms
  • In-house counsel

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2023 Alexi Inc. All rights reserved.