In what circumstances will a jury be instructed to consider the following factors in a jury instruction?
California, United States of America
The following excerpt is from People v. Brown, 152 Cal.App.3d 674, 199 Cal.Rptr. 680 (Cal. App. 1984):
Here, the trial court noted the jury should take the listed factors into consideration but had "difficulty putting it in the form of a jury instruction" and denied the request. Although we do not particularly share the concern of the court with the form of this instruction, "[t]he time is past when a trial judge may refuse an otherwise proper instruction because of the use of an improper word." (People v. Guzman, supra,
Page 683
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)
In what circumstances will a jury be instructed to follow the law as explained by the court, even if the attorney's comments are in conflict with the instructions given to the jury? (California, United States of America)
What is the effect of instructing the jury to consider "the existence of any special circumstances found to be true" as one of the sentencing factors? (California, United States of America)
What is the error that resulted from the instruction to the jury that it should consider each of the six multiple-murder special-circumstance allegations as an aggravating factor in the penalty phase? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
In what circumstances will a jury be instructed to follow the law as explained by the court, even if the attorney's comments are in conflict with the instructions given to the jury? (California, United States of America)
Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
Does section 8.85 of the California Criminal Code, which instructed the jury to consider whether or not certain mitigating factors were present, unconstitutionally suggest that the absence of such factors amounted to aggravation? (California, United States of America)
Does section 8.85 of the California Criminal Code, which instructed the jury to consider whether or not certain mitigating factors were present, unconstitutionally suggest that the absence of such factors amounted to aggravation? (California, United States of America)
In what circumstances will a jury be instructed to consider "the expressed or implied threat to use force or violence" as a factor in determining penalty? (California, United States of America)
