Is a defendant's failure to request amplification of a statute defining a crime or defense sufficient to instruct a jury?
California, United States of America
The following excerpt is from People v. Mosley, B255397 (Cal. App. 2015):
of a statute defining a crime or defense is generally an appropriate and desirable basis for an instruction, and is ordinarily sufficient when the defendant fails to request amplification. If the jury would have no difficulty in understanding the statute without guidance, the court need do no more than instruct in statutory language." (People v. Poggi (1988) 45 Cal.3d 306, 327.)
"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
Is a defendant entitled to request amplification of the language of a statute defining a crime or defense? (California, United States of America)
Is a defendant's failure to object to or request that an instruction be omitted or omitted from a jury's instructions forfeits his claim on appeal? (California, United States of America)
Does a defendant's failure to request clarification or amplification of an otherwise correct instruction on an instruction or in particular on appeal? (California, United States of America)
What are the legal adequacy of jury instructions in a case where a jury was instructed to acquit a defendant of unreasonable self-defense? (California, United States of America)
Does a defendant's failure to object or request clarifying or corrective language in a jury instruction forfeit an appellate challenge to that instruction? (California, United States of America)
What is the test for a jury to determine whether a defendant's failure to instruct the jury on an element of the crime is harmless beyond a reasonable doubt? (California, United States of America)
Is a defendant's failure to request additional instructions or request clarification of existing instructions a waiver of their right to complain of any omission on appeal? (California, United States of America)
Does a jury have a constitutional obligation to instruct the jury that before they convict a defendant of a liquor store robbery they must agree unanimously that he committed the crime? (California, United States of America)
Is a defendant entitled to a jury's decision to instruct the jury on the crime of voluntary manslaughter? (California, United States of America)
Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)
