How do we assess jury instructions in the context of the overall charge to the jury?

MultiRegion, United States of America

The following excerpt is from McSherry v. Block, 880 F.2d 1049 (9th Cir. 1989):

We thus evaluate jury instructions "in the context of the overall charge to the jury as a component of the entire trial process." Prantil v. California, 843 F.2d 314, 317 (9th Cir.), cert. denied, --- U.S. ----, 109 S.Ct. 158, 102 L.Ed.2d 129 (1988) (quoting Bashor v. Risley, 730 F.2d 1228, 1239 (9th Cir.), cert. denied, 469 U.S. 838, 105 S.Ct. 137, 83 L.Ed.2d 77 (1984)). Habeas relief is warranted only if the erroneous instruction "so infected the entire trial that the resulting conviction violates due process." Cupp, 414 U.S. at 147, 94 S.Ct. at 400.

Other Questions


How do we evaluate jury instructions in the context of the overall charge to the jury? (MultiRegion, United States of America)
Does a single instruction to a jury need to be considered in the context of the overall charge? (MultiRegion, United States of America)
Does a challenged jury instruction in a civil case need to be considered in the context of the entire charge to the jury? (MultiRegion, United States of America)
Is a jury instruction that instructs the jury to establish that an essential element of a criminal offence must be proven? (MultiRegion, United States of America)
What is the effect of having to have a post-instruction discussion with a jury after receiving an instruction that the jury should consider whether or not to agree to consider a motion of no coercion? (MultiRegion, United States of America)
When reviewing jury instructions in a civil case, does the jury consider the entire instructions as a whole? (MultiRegion, United States of America)
What is the test for instructing a jury to consider a plaintiff's claim that they were not entitled to a jury instruction? (MultiRegion, United States of America)
What is the test for the purpose of instructing a jury to consider whether there is sufficient probative evidence of urgency to justify a jury instruction? (MultiRegion, United States of America)
When will a jury not instruct the jury on the statute of limitations regarding the conspiracy charge? (MultiRegion, United States of America)
What is the test for instructing a jury to consider a plaintiff's claim that they were not entitled to a jury instruction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.