What is the difference between a trial court's duty to instruct on defense and that of a defense?
California, United States of America
The following excerpt is from People v. Rodriguez, 53 Cal.App.4th 1250, 62 Cal.Rptr.2d 345 (Cal. App. 1997):
"As set forth above, sound policy considerations underlie the distinction that Sedeno, supra, 10 Cal.3d 703 [112 Cal.Rptr. 1, 518 P.2d 913], drew between a trial court's relatively broad duty to instruct on lesser included offenses and its less expansive duty to instruct on defenses." (People v. Barton, supra, 12 Cal.4th at pp. 194-197,
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