Does a court have a sua sponte duty to instruct on all elements of a charged offense?
California, United States of America
The following excerpt is from People v. Wilkins, 11 Cal. Daily Op. Serv. 393, 119 Cal.Rptr.3d 691, 2011 Daily Journal D.A.R. 441 (Cal. App. 2011):
[11] "Trial courts only have a sua sponte duty to instruct on 'the general principles of law relevant to and governing the case.' [Citation.] 'That obligation includes instructions on all of the elements
[119 Cal.Rptr.3d 703]
of a charged offense' [citation], and on recognized 'defenses ... and on the relationship of these defenses to the elements of the charged offense.' [Citations.]" ( People v. Rubalcava (2000) 23 Cal.4th 322, 333-334, 96 Cal.Rptr.2d 735, 1 P.3d 52.)[119 Cal.Rptr.3d 703]
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