What is the duty of the trial court to instruct the jury on the general principles of law in a criminal case?
California, United States of America
The following excerpt is from The People v. Root, D055249, Super. Ct. No. SCD205341, Super. Ct. No. SCD207214, Super. Ct. No. SCD208903 (Cal. App. 2010):
It is settled that in criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case." " "(People v. Breverman (1998) 19 Cal.4th 142, 154.) "[T]he sua sponte duty to instruct on all material issues presented by the evidence extends to defenses as well as to lesser included offenses [citation].... In the case of defenses,... a sua sponte instructional duty arises 'only if it appears that the
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