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


The following excerpt is from People v. Aranda, 10 Cal. Daily Op. Serv. 12, 984, 115 Cal.Rptr.3d 917, 2010 Daily Journal D.A.R. 15, 597 (Cal. App. 2010):

[7] When the trial court instructs the jury, at a minimum, that the prosecution must prove its case beyond a reasonable doubt and the definition of that standard is appropriate, then failure to give the standard burden of proof instruction such as CALJIC 2.90, is not per se reversible error. ( People v. Flores (2007) 147 Cal.App.4th 199, 211, 54 Cal.Rptr.3d 98 ( Flores ).) Rather, we review the record to determine if the error was " harmless beyond a reasonable doubt." ( Chapman v. California (1967) 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 ( Chapman ).) To determine whether the error in this particular case warrants reversal, it is instructive to evaluate the pretrial instructions and the predeliberation instructions as to each substantive charge.

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