Is reversible error committed if the court fails to instruct on reasonable doubt as it applies specifically to use of a firearm?

California, United States of America


The following excerpt is from People v. Louis, 142 Cal.Rptr. 182, 75 Cal.App.3d 620 (Cal. App. 1977):

Appellant cites no authority holding that reversible error is committed if the court fails to instruct on reasonable doubt as it applies specifically to use of a firearm. He cites only cases in which the court wholly failed to instruct the jurors that the defendant was entitled to acquittal unless each element of the crimes charged was proved to the jurors' satisfaction beyond a reasonable doubt. (See People v. Vann, 12 Cal.3d 220, 227, 115 Cal.Rptr. 352, 524 P.2d 824.) In this case, however, the omission in the use of a firearm instructions was nonprejudicial since the court otherwise instructed on reasonable doubt.

Other Questions


If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
Does the absence of an instruction defining reasonable doubt result in a jury failing to apply the same reasonable doubt test? (California, United States of America)
Does a court commit error in instructing or failing to instruct the jury in a civil case? (California, United States of America)
If an instruction omits a required definition of an offence is harmless only if the error is proven beyond a reasonable doubt, can the error be reversed? (California, United States of America)
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
What are the consequences of the Court's failure to instruct on an instructing on a harmless beyond a reasonable doubt finding? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
How have the Attorney General argued that the Court of Appeal invited error in giving instructions on application of the reasonable doubt principle to a lesser included homicide defendant? (California, United States of America)
Is the reasonable doubt instruction insufficient to support the definition of reasonable doubt in CALCRIM No. 220? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.