Is a jury's failure to adequately instruct the jury on the elements of the felony offense of receiving stolen property a harmless error?
California, United States of America
The following excerpt is from People v. Smith, D070299 (Cal. App. 2017):
A trial court must adequately instruct the jury on all elements of the law relevant to the case. (People v. Miller (1999) 69 Cal.App.4th 190, 207.) Here, it is undisputed that the trial court did not instruct the jury on all the elements of the felony offense of receiving stolen property. As such, we must analyze if this error was harmless.
"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 jury's failure to instruct the jury about the elements of drug sales a harmless error beyond a reasonable doubt? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (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)
Can a jury be found to have found an omitted element in a jury instruction where the jury could not have rationally found the omitted element unproven? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
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)
Is omitting an element of the offense in jury instructions subject to harmless error analysis? (California, United States of America)
When a defendant is charged with burglary and receiving stolen property in circumstances where conviction for both offenses is prohibited, what is the appropriate instruction to the jury? (California, United States of America)
Is a jury's failure to instruct the jury with a unanimity instruction harmless beyond a reasonable doubt? (California, United States of America)
