Is a defendant entitled to request amplification of the language of a statute defining a crime or defense?

California, United States of America


The following excerpt is from People v. Sanchez, 62 Cal.App.4th 460, 72 Cal.Rptr.2d 782 (Cal. App. 1998):

" '[T]he language of a statute defining a crime or defense is generally an appropriate and desirable basis for an instruction, and is ordinarily sufficient when the defendant fails to request amplification. If the jury would have no difficulty in understanding the statute without guidance, the court need do no more than instruct in statutory language.' [Citations.]" (People v. Estrada (1995) 11 Cal.4th 568, 574, 46 Cal.Rptr.2d 586, 904 P.2d 1197.) A [62 Cal.App.4th 471] defendant is entitled to have the trial court give a clarifying instruction only where it is supported by substantial evidence. (Id. at p. 579, 46 Cal.Rptr.2d 586, 904 P.2d 1197.)

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