Does a jury have a duty to consider the defense of a defendant?

California, United States of America

The following excerpt is from People v. Zinda, 183 Cal.Rptr.3d 558, 233 Cal.App.4th 871 (Cal. App. 2015):

A trial court has a duty to instruct the jury sua sponte on general principles which are closely and openly connected with the facts before the court. [Citation.] ... [A] trial court has a sua sponte duty to give instructions on the defendant's theory of the case, including instructions as to defenses that the defendant is relying on ..., or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case. ' [Citation.] (People v. Abilez (2007) 41 Cal.4th 472, 517, [61 Cal.Rptr.3d 526, 161 P.3d 58].)

[233 Cal.App.4th 877]

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