Does a defendant have a duty to instruct on his own motion concerning accident as an affirmative defense?

California, United States of America


The following excerpt is from People v. Jennings, 114 Cal.Rptr.3d 133, 237 P.3d 474, 50 Cal.4th 616 (Cal. 2010):

With respect to CALJIC No. 4.45, although acknowledging that he did not request this instruction, defendant contends the trial court had a duty to instruct on its own motion concerning accident as an affirmative defense. (See People v. Breverman, supra, 19 Cal.4th at p. 157, 77 Cal.Rptr.2d 870, 960 P.2d 1094 [discussing the limited duty of a trial court to instruct on its motion concerning defenses].) A claim of accident in response to a charge of murder, however, is not an affirmative defense that can trigger a duty to instruct on the court's own motion.

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the defense of a defendant in a civil case against a defendant who committed a crime by accident? (California, United States of America)
Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Does a rejection of some evidence concerning the defense affect a defendant's right to present his defense? (California, United States of America)
Does a judge have a duty to instruct a defendant not to enter into the trial of a motion without a written instruction? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
What is the test for instructional error in instructing a jury to convict a defendant on imperfect defense of others? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.