Can a trial court give an instruction to a defendant in a sexual assault case, whether or not they request it?
California, United States of America
The following excerpt is from People v. Charles, 188 Cal.Rptr.3d 282, 349 P.3d 990, 61 Cal.4th 308 (Cal. 2015):
Accordingly, a trial court may give the instruction, whether or not defendant requests it, if it believes the instruction will be helpful to the jury. (See People v. Pensinger (1991) 52 Cal.3d 1210, 1268, 278 Cal.Rptr. 640, 805 P.2d 899 [noting that this instruction and the instruction on admissions are intended to help the jury ... determine whether such admissions were made].) Moreover, as we held in
[188 Cal.Rptr.3d 304]
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