What is the test for unanimity in a criminal trial?

California, United States of America


The following excerpt is from People v. Custodio, A130784 (Cal. App. 2013):

"This requirement of unanimity as to the criminal act 'is intended to eliminate the danger that the defendant will be convicted even though there is no single offense which all the jurors agree the defendant committed.' (People v. Sutherland (1993) 17 Cal.App.4th 602, 612.) . . . 'The [unanimity] instruction is designed in part to prevent

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the jury from amalgamating evidence of multiple offenses, no one of which has been proved beyond a reasonable doubt, in order to conclude beyond a reasonable doubt that a defendant must have done something sufficient to convict on one count.' (People v. Deletto (1983) 147 Cal. App.3d 458, 472.)

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