Is a jury's failure to instruct on an essential element of a criminal charge prejudicial?

California, United States of America


The following excerpt is from People v. Duran, G050925 (Cal. App. 2015):

As defendant admits, no case addresses her precise point. Instead, she analogizes this case to those involving the failure to instruct on an essential element of the crime. But accepting that analogy, "'"[T]he fact that the necessary elements of a jury charge are to be found in two instructions rather than in one instruction does not, in itself, make the charge prejudicial." [Citation.] "The absence of an essential element in one instruction may be supplied by another or cured in light of the instructions as a whole." [Citation.]' [Citations.]" (People v. Hernandez (2010) 181 Cal.App.4th 1494, 1499.)

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