What is the effect of a trial court's failure to instruct on the burden of proof for a consent defense in a sexual assault case?
California, United States of America
The following excerpt is from People v. Smith, B232030 (Cal. App. 2012):
We find the failure to instruct on defendant's burden of proof for his consent defense was harmless on this record even under the standard of Chapman v. California, supra, 386 U.S. at page 24 (harmless only if it is beyond a reasonable doubt the error did not contribute to the verdict obtained). We therefore reject defendant's argument that the trial court's error resulted in the denial of his right to a jury trial and to due process.
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Other Questions
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
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Does a court's instruction that consent is not a defense not to be a defense contribute to the verdicts on the section 288, subdivision (b)(1) counts of sexual assault? (California, United States of America)
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Can a trial court give an instruction to a defendant in a sexual assault case, whether or not they request it? (California, United States of America)
Is giving the instruction that consent is not a defense in a sexual assault case reversible per se or subject to Chapman prejudice review? (California, United States of America)
What is the effect of the Court of Appeal's failure to provide a standard burden of proof instruction such as CALJIC 2.90? (California, United States of America)
What is the burden of proof in a case where the jury was instructed to find a plaintiff guilty of sexual assault by reason of gross negligence? (California, United States of America)
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