Is a defendant entitled to an instruction on his theory of defense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mondaca, 990 F.2d 1264 (9th Cir. 1993):
A defendant is entitled to an instruction on his theory of defense as long it has some foundation in the evidence. United States v. Streit, 962 F.2d 894, 898 (9th Cir.), cert. denied, 113 S.Ct. 431 (1992). The district court need not give a specific instruction proffered by the defendant if the instructions, taken as a whole, correctly explain the law. United States v. Mason, 902 F.2d 1434, 1438 (9th Cir.1990); see Streit, 962 F.2d at 899.
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