Can a failure to include the term "lack of evidence" in the jury instructions be considered an error?
MultiRegion, United States of America
The following excerpt is from U.S. v. Diaz, 176 F.3d 52 (2nd Cir. 1999):
Even if a failure to include the "lack of evidence" term could be construed as error, we examine the jury instructions as a whole, see Vargas v. Keane, 86 F.3d 1273, 1277 (2d Cir.1996) (citing Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973)), to "assess
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