What is the test for using the phrase "serves no legitimate purpose" in a sexual assault case?
California, United States of America
The following excerpt is from The People v. Dovichi, C060589, No. SF105178A (Cal. App. 2010):
The prosecutor requested a Special Jury Instruction No. 1 that provided, "The phrase 'serves no legitimate purpose' should not be considered from the view of the Defendant, but should be considered from the view of the alleged victim or that of a reasonable person." In support of this instruction, the prosecutor provided the court a copy of People v. Tran (1996) 47 Cal.App.4th 253 (Tran) from the Sixth Appellate District.
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