How has the Attorney General argued in closing arguments that the defense of others was adequately explained to the jury?

California, United States of America


The following excerpt is from People v. Wachter, G040314 (Cal. App. 12/18/2009), G040314. (Cal. App. 2009):

That leads us to the Attorney General's next argument, which is that the parties' closing arguments sufficiently apprised the jury of the defense of others. It turns out the prosecutor only mentioned the concept once, while discussing the requirement that the killing be unlawful. He said, "The reason this element is here is, if there is a right to self-defense, or if there is a right to defense of others, then it is a lawful killing." This brief reference to the defense of others can hardly be said to compensate for full and proper instructions on the issue. And while appellants' counsel discussed the defense in more detail and argued for its application in this case, in the end, there was no instructional vehicle for the jurors to apply the defense to appellants. "Permitting a defendant to offer a defense is of little value if the jury is not informed that the defense, if it is believed or if it helps create a reasonable doubt in the jury's mind, will entitle the defendant to a judgment of acquittal." (United States v. Escobar de Bright (9th Cir. 1984) 742 F.2d 1196, 1201-1202.) Thus, it cannot be said that counsels' arguments remedied the instructional error that occurred in this case.

Other Questions


In closing argument to a jury, in what circumstances will the jury be unable to hear closing arguments? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
Does the Attorney General rely on a single statement by the trial court to argue that the jury was properly instructed to consider the prosecutor's closing argument? (California, United States of America)
Does a jury have to instruct the jury on self-defense and defense of others? (California, United States of America)
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)
Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument? (California, United States of America)
Does the Attorney General's failure to instruct the jury on a claim of right defense constitute ineffective assistance of counsel? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
In what circumstances will a jury be instructed to follow the law as explained by the court, even if the attorney's comments are in conflict with the instructions given to the jury? (California, United States of America)
In what circumstances will the Attorney General argue that challenged evidence at trial is not unduly prejudicial to a jury? (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.