Does the failure of a jury to give a requested instruction on the presumption of innocence violate the Constitution?

MultiRegion, United States of America

The following excerpt is from U.S. v. Boyland, 17 F.3d 396 (9th Cir. 1994):

The failure to give a requested instruction on the presumption of innocence does not in and of itself violate the Constitution. Kentucky v. Whorton, 441 U.S. 786, 789 (1979). The reviewing court must consider the totality of the circumstances, including the entire jury charge, the arguments of counsel and the weight of the evidence, to determine whether the omission of a presumption of innocence instruction deprived the defendant of a constitutionally fair trial. Id.

Other Questions


Is a failure to instruct a jury on the presumption of innocence a violation of due process? (MultiRegion, United States of America)
Is a policy of action not a violation of a person's constitutional right, but a failure to act to prevent such violations? (MultiRegion, United States of America)
Does the failure to appoint an expert in a medical malpractice case constitute a constitutional violation? (MultiRegion, United States of America)
Is the need to train police officers in the constitutional limitations on the use of deadly force so obvious that failure to do so would constitute deliberate indifference to constitutional rights? (MultiRegion, United States of America)
Does section 1983 of the Federal Criminal Code, or does a failure to comply with prison regulations constitute a federal constitutional violation? (MultiRegion, United States of America)
What is the test for a jury's failure to give a presumption of innocence instruction? (MultiRegion, United States of America)
Does a search of a vehicle during a traffic stop constitute a separate constitutional violation? (MultiRegion, United States of America)
Is a jury instruction violation of state law a violation of federal law? (MultiRegion, United States of America)
Is a jury's failure to instruct them about an essential element of a crime a constitutional error? (MultiRegion, United States of America)
Does medical malpractice constitute a constitutional violation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.