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
The following excerpt is from U.S. v. Melvin, 91 F.3d 1218 (9th Cir. 1996):
"[A] criminal defendant is entitled to have a jury instruction on any legal defense to the charge against him which has some foundation in the evidence." United States v. Chen, 933 F.2d 793, 796 (9th Cir.1991) (citation omitted). However, "[s]o long as the instructions fairly and adequately cover the issues presented, the judge's formulation of those instructions or choice of language is a matter of discretion." Id. at 796 (citations and quotation marks omitted).
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