How have the courts treated a defense request that the jury be instructed in terms of criminal records?

California, United States of America


The following excerpt is from People v. Gonzalez, A139700 (Cal. App. 2015):

Prior to the incident, the court had already acceded to the defense request that the jury be instructedas indeed it wasin these terms: "The fingerprint databases used in this case include fingerprints that come from many sources. The fact that a person has fingerprints in a database does not necessarily mean that he or she has a criminal record." The court thus must be deemed to have concluded that the violation of its ruling could be cured. As the court noted, the offending reference was fleeting and not inherently prejudicial. In these circumstances, no unmistakable abuse of discretion is shown in denial of either the motion to strike (People v. Price, supra, 1 Cal.4th 324, 421) or the motion for mistrial. (People v. Avila, supra, 38 Cal.4th 491, 573.) Defendant's second contention fails to establish reversible error.

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