Is a failure to instruct a jury constitute prejudicial error?
California, United States of America
The following excerpt is from People v. Hokuf, 245 Cal.App.2d 394, 53 Cal.Rptr. 828 (Cal. App. 1966):
"The circumstances of the case determine whether the failure to instruct the jury constitutes prejudicial error." (People v. Baker, 42 Cal.2d 550, 576, 268 P.2d 705, 721.)
"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
Does the failure of evidence and instruction regarding count 4 constitute prejudicial instructional errors? (California, United States of America)
Does a failure to give diminished capacity-involuntary manslaughter instruction in a second degree murder case constitute a prejudicial error? (California, United States of America)
Does the Court of Appeal's failure to instruct on involuntary manslaughter constitute a federal constitutional error subject to review? (California, United States of America)
Does a failure to instruct a defendant on intoxication constitute an error in failing to instruct on intoxication? (California, United States of America)
Does a failure to instruct on a lesser included offence constitute a constitutional error? (California, United States of America)
Does a failure to instruct on the elements of a second degree murder constitute a "failure to amplify or clarify the correct instruction"? (California, United States of America)
Does a failure to instruct sua sponte on unreasonable self-defense constitute an error of federal constitutional magnitude? (California, United States of America)
Does a defendant's failure to request a pinpoint instruction on voluntary intoxication as it applied to an attempted robbery constitute prejudicial ineffective assistance of counsel? (California, United States of America)
Does the failure to conduct a timely inquiry into juror misconduct constitute prejudicial error? (California, United States of America)
Is a failure to give unanimity instruction a federal constitutional error? (California, United States of America)
