What is the test for a jury instruction that erroneously describes an element of the crime as an act of violence?
MultiRegion, United States of America
The following excerpt is from United States v. Castillo-Mendez, 868 F.3d 830 (9th Cir. 2017):
Even if we determine an instruction was erroneous or failed to clear up confusion, we must still review whether the error was harmless. A jury instruction that erroneously describes an element of the offense "is harmless only if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." United States v. Liu , 731 F.3d 982, 992 (9th Cir. 2013) (citation and internal quotation marks omitted).
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