Does the Attorney General have any authority to charge the jury on how to relate the evidence of that defense to the prosecution's general burden of proving guilt beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Hunter, 134 Cal.Rptr.3d 673, 202 Cal.App.4th 261 (Cal. App. 2011):

"charged the jury on how to relate the evidence of that defense to the prosecution's general burden of proving guilt beyond a reasonable doubt." This is a strange statement. It is true that a trial court may in appropriate circumstances give a requested jury instruction that pinpoints a defense theory of the case by, among other things, relating the reasonable doubt standard of proof to particular elements of the crime charged. (See, e.g., People v. Bolden (2002) 29 Cal.4th 515, 558, 127 Cal.Rptr.2d 802, 58 P.3d 931.) But the Attorney General cites no case, and it would be surprising if there were one, authorizing the giving of a prosecution instruction pinpointing the defense theory over the objection of the defense. Moreover, the instruction in this case did not pinpoint a defense theory. If it "pinpointed" anything, it was a legal theory that favored the prosecution by restricting the use of circumstantial evidence to raise a reasonable doubt.

Other Questions


Does evidence code section 1108 reduce the prosecution's burden to prove guilt beyond a reasonable doubt? (California, United States of America)
Is it improper for a prosecutor to misstate the law generally and particularly the prosecution's burden of proving every element of the crime charged beyond a reasonable doubt? (California, United States of America)
Does the Attorney General's error in admitting evidence of a defendant's inconsistent testimony in the prosecution's case in chief, rather than for impeachment purposes, be harmless beyond a reasonable doubt? (California, United States of America)
What are some cases where the Attorney General failed to meet her burden of proving harmlessness beyond a reasonable doubt? (California, United States of America)
Does the absence of lingering doubt from a recitation of evidence the defense offered in an attempt to raise reasonable doubt raise a reasonable doubt? (California, United States of America)
What are some cases where the Attorney General failed to meet her burden of proving harmlessness beyond a reasonable doubt? (California, United States of America)
When will a prosecutor be found to have made a claim of misconduct when they argued "the burden of proving every element of the crimes charged beyond a reasonable doubt"? (California, United States of America)
What is the test for giving a jury instructions that allow the prosecution to avoid the burden of proving beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether the prosecution sustained its burden of proving the elements of a sentence enhancement beyond a reasonable doubt? (California, United States of America)
What is the burden of proving guilt beyond a reasonable doubt? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.