Can a jury instruction that fails to give effect to the requirement that the prosecution prove every element of the offence violate due process?

California, United States of America

The following excerpt is from People v. Rivera, F066130 (Cal. App. 2015):

A jury instruction violates due process if it "fails to give effect" to the requirement that the prosecution prove every element of the offense. (Middleton v. McNeil (2004) 541 U.S. 433, 437.) "Nonetheless, not every ambiguity, inconsistency, or deficiency in a jury instruction rises to the level of a due process violation. The question is '"whether

Page 60
the ailing instruction ... so infected the entire trial that the resulting conviction violates due process."' [Citation.]" (Ibid.; see Estelle v. McGuire (1991) 502 U.S. 62, 72.)

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

Does a jury instruction violate due process if it fails to give effect to the requirement that the People must prove every element of the offense? (California, United States of America)

Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)

Are instructions to the jury in a state criminal trial that merely omit a proper description of the requirement of proof of every element of the crime beyond a reasonable doubt? (California, United States of America)

Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)

Is it improper for a prosecutor to misstate the law generally and particularly the prosecution's burden of proving every element of the crime charged beyond a reasonable doubt? (California, United States of America)

Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)

Can a defendant move for acquittal on the grounds that the prosecution failed to prove a prima facie case at the close of the prosecution's case-in-chief? (California, United States of America)

Are instructions to the jury in a state criminal trial that omit the requirement of proof of every element of the crime beyond a reasonable doubt automatically reversible? (California, United States of America)

Does the requirement of proof of every element of a crime beyond a reasonable doubt apply to jury instructions in a state criminal trial? (California, United States of America)

What is the test for a jury to be instructed that the prosecution must prove that a particular element of a case must be proven? (California, United States of America)

Can a jury instruction that fails to give effect to the requirement that the prosecution prove every element of the offence violate due process?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources