In what circumstances will a jury be instructed to consider the following factors in a jury instruction?
California, United States of America
The following excerpt is from People v. Brown, 152 Cal.App.3d 674, 199 Cal.Rptr. 680 (Cal. App. 1984):
Here, the trial court noted the jury should take the listed factors into consideration but had "difficulty putting it in the form of a jury instruction" and denied the request. Although we do not particularly share the concern of the court with the form of this instruction, "[t]he time is past when a trial judge may refuse an otherwise proper instruction because of the use of an improper word." (People v. Guzman, supra,
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