Is a failure to instruct on an element of an offence a harmless error analysis?
California, United States of America
The following excerpt is from People v. Milosavljevic, B254067 (Cal. App. 2015):
The failure to instruct on an element of an offense is subject to Chapman6 harmless error analysis: "[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?" (See Neder v. United States (1999) 527 U.S. 1, 18 [119 S.Ct. 1827].)
"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 jury's failure to instruct the jury about the elements of drug sales a harmless error beyond a reasonable doubt? (California, United States of America)
Is a federal court's failure to instruct on an element of an offence a constitutional error? (California, United States of America)
Does a failure to instruct on the elements of a second degree murder constitute a "failure to amplify or clarify the correct instruction"? (California, United States of America)
If an instruction omits a required definition of an offence is harmless only if the error is proven beyond a reasonable doubt, can the error be reversed? (California, United States of America)
Is omitting an element of the offense in jury instructions subject to harmless error analysis? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
Is a jury's failure to adequately instruct the jury on the elements of the felony offense of receiving stolen property a harmless error? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (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)
Is a federal court's failure to instruct the jury on an element of a sentence enhancement provision a constitutional error? (California, United States of America)
