Does a jury have the responsibility to instruct on the elements of the crime charged with violating section 136.1, subd.1 (dissuading the reporting of a crime)?
California, United States of America
The following excerpt is from People v. Patterson, C075287 (Cal. App. 2015):
The trial court has the responsibility to properly instruct on the elements of the crime charged. (People v. Edwards (1985) 39 Cal.3d 107, 117.) Since defendant was charged with violating section 136.1, subd. (a)(1) (dissuading a witness from testifying), rather than section 136.1, subd. (b)(1) (dissuading the reporting of a crime), the trial court was correct in including the jury instruction despite the prosecution's confusion.
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