Is a criminal defendant entitled to a defense that reflects the defense theory?
MultiRegion, United States of America
The following excerpt is from U.S. v. Durham, 825 F.2d 716 (2nd Cir. 1987):
We have repeatedly recognized a criminal defendant's right to a charge which reflects the defense theory. In United States v. Pedroza, 750 F.2d 187, 205 (2d Cir.1984) (quoting United States v. O'Connor, 237 F.2d 466, 474 n. 8 (2d Cir.1956) and citing cases), we stated that "[i]t is well established that '[a] criminal defendant is entitled to have instructions presented relating to any theory of defense for which there is any foundation in the evidence,
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