Is a jury prejudiced in finding that a defendant was prejudiced by an error in an instruction that omits or removes an element of the offense from consideration by the jury?
California, United States of America
The following excerpt is from The People v. Richerson, A123366, No. FCR253347 (Cal. App. 2010):
We must now consider whether defendant was prejudiced by the erroneous instruction. "An instruction that omits or removes an element of an offense from consideration by the jury may be harmless if the error is harmless beyond a reasonable doubt." (People v. Hayes (2009) 171 Cal.App.4th 549, 560.) In considering whether this standard is met, we may consider counsel's argument to the jury. (Ibid.)
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