How have the courts interpreted sentencing instructions in a sexual assault case?

California, United States of America


The following excerpt is from People v. Morales, 257 Cal.Rptr. 64, 48 Cal.3d 527, 770 P.2d 244 (Cal. 1989):

Defendant notes that the prosecutor argued to the jury that the evidence failed to show any "extreme" emotional disturbance or duress. But the prosecutor never argued that only an extreme condition could be considered by the jury in deciding penalty, and the court's instructions made it clear the contrary was true. We conclude that the jury was properly instructed in this regard. (The trial court's elaborate instructions regarding the jury's sentencing duties also readily circumvented the pitfalls catalogued in People v. Brown (1985) 40 Cal.3d 512, 538-545, 230 Cal.Rptr. 834, 726 P.2d 516.)

F. Failure to Reinstruct on Viewing Defendant's Extrajudicial Statements With Caution

Defendant next contends that the court erred in failing to reinstruct, sua sponte, at the penalty phase, that a defendant's own oral admissions should be viewed with caution. (See People v. Romo (1975) 14 Cal.3d 189, 194, 121 Cal.Rptr. 111, 534 P.2d 1015.) (Such an instruction was given at the guilt phase.) The argument is without merit.

Other Questions


For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
How have the courts interpreted jury instructions in cases involving sexual assault cases? (California, United States of America)
How have the courts interpreted jury instructions in cases involving sexual assault cases? (California, United States of America)
How have the courts interpreted jury instructions in a sexual assault case? (California, United States of America)
How have the courts interpreted jury instructions in a sexual assault case? (California, United States of America)
How has the court interpreted the limitation instruction given to a jury in a sexual assault case? (California, United States of America)
How have courts interpreted the cautionary instruction in a sexual assault case? (California, United States of America)
How have the courts interpreted jury instructions in a sexual assault case? (California, United States of America)
How have the courts interpreted jury instructions in a sexual assault case? (California, United States of America)
How have the courts interpreted jury instructions in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.