Does the Court have to instruct the jury on the elements of force and fear?

California, United States of America


The following excerpt is from People v. Culebro, B229396 (Cal. App. 2012):

Nearly identical arguments were rejected in People v. Anderson (2007) 152 Cal.App.4th 919. There, the appellate court rejected the defendant's assertion that the trial court was required to instruct the jury on such aspects of the force and fear elements, explaining: "'The terms "force" and "fear" as used in the definition of the crime of robbery have no technical meaning peculiar to the law and must be presumed to be within the understanding of jurors.' [Citations.]" (Id. at p. 946, quoting People v. Anderson (1966) 64 Cal.2d 633, 640.) We agree and conclude that CALCRIM No. 1600 adequately instructed the jury on the elements of force and fear.

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