California, United States of America
The following excerpt is from People v. Plascencia, C068979 (Cal. App. 2013):
The trial court also clarified that the jury must decide all the facts based on the evidence admitted at trial. The failure to expressly reference specific evidence cannot reasonably be construed as a direction to the jury to exclude that evidence from its consideration. (People v. Spencer (1996) 51 Cal.App.4th 1208, 1220-1221.) Similarly, the court instructed the jury that it must follow the law as the court explained it and to follow the instructions to the facts as it found them. The court informed the jury that defendant had to actually and reasonably believe the use of force was reasonably necessary to protect himself. It is not reasonable to presume the jury added the nonexistent requirement that defendant be correct in his assessment of the danger he believed he faced. Thus, taken as a whole, the instructions adequately advised the jury to consider all the relevant circumstances in which defendant found himself. (Ibid.)
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