What is the test for the doctrine of "duplication of elements"?

California, United States of America


The following excerpt is from People v. Guillen, E064696 (Cal. App. 2017):

What the prosecutor told the jury about the "duplication of elements" is completely accurate and completely constitutional. (People v. Abilez, supra, 41 Cal.4th

Page 14

Other Questions


Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
What are the elements of the adverse title doctrine? (California, United States of America)
Does the invited error doctrine apply to the doctrine of imperfect self-defense? (California, United States of America)
Does a plea of not guilty put "all the elements of the elements" of a charged murder charge in issue? (California, United States of America)
Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (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)
What are the elements of a plaintiff's cause of action under the attractive nuisance doctrine under the trap theory? (California, United States of America)
Does the doctrine of the lesser included offense doctrine apply to a defendant who has pleaded guilty to a charge of a related but not necessarily included crime? (California, United States of America)
Is the lying in the wait special circumstance constitutionally infirm because it duplicates an element of first degree murder? (California, United States of America)
How have courts interpreted the doctrine of the fruit of the poisonous tree doctrine? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.