What is the test for determining prejudicial error in a trial court's instruction on an element of an offence?
California, United States of America
The following excerpt is from People v. Crews, A144227 (Cal. App. 2016):
" 'In deciding whether a trial court's misinstruction on an element of an offense is prejudicial to the defendant, we ask whether it appears " ' "beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." ' " ' " (People v. Wilkins (2013) 56 Cal.4th 333, 350.) To assist this general inquiry, a number of analytical approaches have been developed.
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