Is a defendant entitled to have a jury instructed on any defense which provides a legal defense to the charge against him?

MultiRegion, United States of America

The following excerpt is from United States v. Christian, 749 F.3d 806 (9th Cir. 2014):

A criminal defendant has a constitutional right to have the jury instructed according to his theory of the case.... United States v. MarguetPillado, 648 F.3d 1001, 1006 (9th Cir.2011) (internal quotation marks omitted). We held in United States v. Yarbrough, 852 F.2d 1522 (9th Cir.1988), that a criminal defendant is entitled to have a jury instructed on any defense which provides a legal defense to the charge against him and which has some foundation in the evidence, even though the evidence may be weak, insufficient, inconsistent, or of doubtful credibility. Id. at 1541.

Other Questions


Is a defendant entitled to be instructed on any legally recognized defense to the charges against him that has some foundation in the evidence? (MultiRegion, United States of America)
Is a defendant entitled to a jury instruction on any legal defense to the charge against him which has some foundation in the evidence? (MultiRegion, United States of America)
Is a jury entitled to be instructed on any legal defense to the charge against him which has some foundation in the evidence? (MultiRegion, United States of America)
Is a defendant entitled to an instruction on defense theory that (1) has some foundation in the evidence presented? (MultiRegion, United States of America)
Is a defendant entitled to a jury instruction reflecting his or her theory of defense? (MultiRegion, United States of America)
Is a defendant entitled to a mistrial when the court first discovered the omission of a reasonable doubt instruction from the initial charge? (MultiRegion, United States of America)
Is a criminal defendant entitled to a defense that reflects the defense theory? (MultiRegion, United States of America)
Is a defendant in a federal prosecution for murder on an Indian reservation entitled to an instruction on the lesser-included charge of manslaughter? (MultiRegion, United States of America)
Is a defendant entitled to be instructed as to any recognized defense for which there exists evidence sufficient for a reasonable jury to find in his favor? (MultiRegion, United States of America)
Is a defendant entitled to a jury instruction on a defense theory for which there is no foundation in the evidence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.