Is a defendant entitled to instructions on the elements of alleged other factor (b) crimes on request?
California, United States of America
The following excerpt is from People v. Westerfield, 243 Cal.Rptr.3d 18, 433 P.3d 914, 6 Cal.5th 632 (Cal. 2019):
10 Subsequent to defendants trial, we have expressly confirmed that a defendant is entitled to instructions on the elements of alleged other factor (b) crimes on request, but may make a tactical choice to forego them. (People v. Brown (2003) 31 Cal.4th 518, 571, 3 Cal.Rptr.3d 145, 73 P.3d 1137.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's failure to request additional instructions or request clarification of existing instructions a waiver of their right to complain of any omission on appeal? (California, United States of America)
What is the test for limiting instructions to the jury in a case where a co-defendant admitted in evidence against another defendant of the same alleged crime? (California, United States of America)
What is the duty of a defendant to request an instruction that relates the evidence of his intoxication to an element of the crime? (California, United States of America)
When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations? (California, United States of America)
What is the duty of a defendant to request an instruction that relates the evidence of his intoxication to an element of the crime? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
What is the test for a defendant to argue that a trial court commits prejudicial error by instructing in the language of CALJIC No.51 that motive is not an element of the crime charged? (California, United States of America)
Does a Defendant have to request an instruction on the elements of accessory after the fact to murder? (California, United States of America)
Is a defendant's right to a jury verdict of guilt beyond a reasonable doubt denied when there is an instructional omission of an element of the crime? (California, United States of America)
What is the test for a jury to determine whether a defendant's failure to instruct the jury on an element of the crime is harmless beyond a reasonable doubt? (California, United States of America)
