In what circumstances will the court allow the jury to instruct the jury that improper conduct by agents was limited to the alleged improper conduct of the agents?

California, United States of America


The following excerpt is from People v. Thoi, 213 Cal.App.3d 689, 261 Cal.Rptr. 789 (Cal. App. 1989):

6 Since People v. Wickersham (1982) 32 Cal.3d 307, 330, 185 Cal.Rptr. 436, 650 P.2d 311 held that the court has a duty to properly instruct the jury even in the absence of a request by counsel, we prefer the invited error analysis. Here, based upon the evidence, defense counsel had reason to object to further instruction. Further enlightenment may well have speeded the jury conclusion that whatever improper conduct by the agents existed had little or nothing to do with the charged crimes.

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