How have instructions been interpreted in a murder trial?

California, United States of America


The following excerpt is from People v. Castillo, 16 Cal.4th 1009, 68 Cal.Rptr.2d 648, 945 P.2d 1197 (Cal. 1997):

[16 Cal.4th 1021] In these circumstances, clarification was critical. Moreover, the instructions do nothing to " 'pinpoint' the crux" of defendant's only viable defense to first degree murder. In closing argument, counsel not only argued defendant did not premeditate or deliberate due to PCP intoxication, he specifically directed the jury to consider the instructions on this point. It is difficult to conceive a strategic explanation for not having the trial court include a clarification as well as add its imprimatur to the argument. (See People v. Whitehurst (1992) 9 Cal.App.4th 1045, 1051, fn. 2, 12 Cal.Rptr.2d 33.)

Other Questions


How have jury instructions been interpreted in a murder trial? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Can a defense interpreter only interpret words of the witness interpreter at trial? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Is a defendant's claim that the trial court erred by instructing the jury on first degree murder because the information alleged only that the murder of Agent Cross was committed with malice aforethought? (California, United States of America)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.