Does a defendant have a right to an instruction that pinpoints the theory of the defense?
California, United States of America
The following excerpt is from People v. Washington, E063815 (Cal. App. 2017):
"[I]n criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence." (People v. Breverman (1998) 19 Cal.4th 142, 154.) "A judge must instruct on the law applicable to the facts of the case and a defendant has a right to an instruction that pinpoints the theory of the defense." (People v. Ponce (1996) 44 Cal.App.4th 1380, 1386 (Ponce).)
"The most advanced legal research software ever built."
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 defendant have a right to an instruction that pinpoints the theory of the defense? (California, United States of America)
Does a defendant have a right to an instruction that pinpoints the theory of the defense? (California, United States of America)
Does a defendant have a right to an instruction that pinpoints the theory of the defense? (California, United States of America)
Does a defendant have a right to an instruction that pinpoints the defense theory? (California, United States of America)
Is a criminal defendant entitled to request an instruction 'pinpointing' the theory of his defense? (California, United States of America)
Does a defendant have a right to an instruction that pinpoints the defense of voluntary manslaughter? (California, United States of America)
If there was substantial evidence of imperfect self-defense not inconsistent with the defense theory of the case, does the trial court have a sua sponte duty to instruct a defendant not to testify? (California, United States of America)
Is a defendant entitled to an instruction that pinpoint the theory of the defense case? (California, United States of America)
Does a defendant have a duty to instruct sua sponte on a defense that it is not inconsistent with their own theory of self-defense? (California, United States of America)
Is a defendant entitled to an argumentative instruction that pinpoints the defense theory of the case? (California, United States of America)
