What is the test for the prosecution in a second degree murder and death due to elder abuse case?
California, United States of America
The following excerpt is from People v. Ho (In re Ho), B279939, B291923 (Cal. App. 2019):
Second degree murder and death due to elder abuse require the prosecution to prove causation. (People v. Latham (2012) 203 Cal.App.4th 319, 327; 368.)
A medical expert is permitted to give an opinion on the cause of an injury. "Such a diagnosis need not be based on certainty, but may be based on probability; the lack of absolute scientific certainty does not deprive the opinion of evidentiary value. [Citation.]" (People v. Mendibles (1988) 199 Cal.App.3d 1277, 1293, overruled on other grounds in People v. Soto (2011) 51 Cal.4th 229, 248, fn. 12.) Further, "as long as the jury finds that without the criminal act the death would not have occurred when it did, it need not determine which of the concurrent causes was the principal or primary cause of death. Rather, it is required that the cause was a substantial factor contributing to the result[.]" (People v. Catlin (2001) 26 Cal.4th 81, 155.)
Page 26
2. Relevant Facts.
"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.
