Can a defendant request a "pinpoint" instruction on the lesser included charge of first degree murder?

California, United States of America


The following excerpt is from People v. Padilla, 11 Cal.4th 891, 47 Cal.Rptr.2d 426, 906 P.2d 388 (Cal. 1995):

The People, relying on our holding in People v. Saille (1991) 54 Cal.3d 1103, 2 Cal.Rptr.2d 364, 820 P.2d 588, that in the aftermath of the 1981 legislative abolition of the diminished capacity defense, a defendant must request a so-called "pinpoint" instruction on the lesser included offenses of first degree murder, argue that the trial court had no duty to so instruct in [11 Cal.4th 920] this case absent such a request by the defense. This shift in responsibility from the trial judge to the defendant is said to follow from the fact that, as we stated in Saille, with the abolition of the diminished capacity defense, " 'when a defendant presents evidence to attempt to negate or rebut the prosecution's proof of an element of the offense, a defendant is not presenting a special defense invoking sua sponte instructional duties. While a court may well have a duty to give a "pinpoint" instruction relating such evidence to the elements of the offense and to the jury's duty to acquit if the evidence produces a reasonable doubt, such "pinpoint" instructions are not required to be given sua sponte and must be given only upon request....' " (Id. at p. 1117, 2 Cal.Rptr.2d 364, 820 P.2d 588.)

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