How do we evaluate jury instructions in the context of the overall charge to the jury?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cuevas, 847 F.2d 1417 (9th Cir. 1988):
Finally, we evaluate jury instructions "in the context of the overall charge to the jury as a component of the entire trial process," Bashor v. Risley, 730 F.2d 1228, 1239 (9th Cir.1984), cert. denied, 469 U.S. 838, 105 S.Ct. 137, 83 L.Ed.2d 77 (1984), and reverse only if the instruction is plainly erroneous. United States v. Nace, 561 F.2d 763 (9th Cir.1977). The instruction was not plainly erroneous in the context of the entire jury charge and trial process. Nace, 561 F.2d 763.
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