Can a defendant request a "pinpoint" instruction on the lesser included charge of first degree murder?

California, United States of America


The following excerpt is from People v. Padilla, 11 Cal.4th 891, 47 Cal.Rptr.2d 426, 906 P.2d 388 (Cal. 1995):

The People, relying on our holding in People v. Saille (1991) 54 Cal.3d 1103, 2 Cal.Rptr.2d 364, 820 P.2d 588, that in the aftermath of the 1981 legislative abolition of the diminished capacity defense, a defendant must request a so-called "pinpoint" instruction on the lesser included offenses of first degree murder, argue that the trial court had no duty to so instruct in [11 Cal.4th 920] this case absent such a request by the defense. This shift in responsibility from the trial judge to the defendant is said to follow from the fact that, as we stated in Saille, with the abolition of the diminished capacity defense, " 'when a defendant presents evidence to attempt to negate or rebut the prosecution's proof of an element of the offense, a defendant is not presenting a special defense invoking sua sponte instructional duties. While a court may well have a duty to give a "pinpoint" instruction relating such evidence to the elements of the offense and to the jury's duty to acquit if the evidence produces a reasonable doubt, such "pinpoint" instructions are not required to be given sua sponte and must be given only upon request....' " (Id. at p. 1117, 2 Cal.Rptr.2d 364, 820 P.2d 588.)

Other Questions


Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Does a defendant have grounds to argue that the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of a range of charges including first degree murder, second degree burglary and felonious evasion of a police officer? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.