Does the jury have a duty to instruct the jury on the essential elements of the charged offence?

California, United States of America


The following excerpt is from People v. Love, D072312 (Cal. App. 2019):

The jury instruction that the trial court provided to the jury with respect to counts 5 and 6 did not include the element that the defendant willfully failed to appear "in order to evade the process of the court." The instruction that the court provided to the jury was therefore erroneous because it omitted an element of the charged offense. (People v. Merritt (2017) 2 Cal.5th 819, 824 (Merritt) ["The trial court has a sua sponte duty to instruct the jury on the essential elements of the charged offense"].)

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