Is a teacher's error that improperly describes or omits an element of the crime from the jury's consideration subject to the standard of review?
California, United States of America
The following excerpt is from People v. Hosein, C078668 (Cal. App. 2016):
"An instructional error that improperly describes or omits an element of the crime from the jury's consideration is subject to the 'harmless error' standard of review set forth in Chapman v. California (1967) 386 U.S. 18, 24 [17 L.Ed.2d 705 87 S.Ct. 824]." (People v. Lamas (2007) 42 Cal.4th 516, 526.) 3
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