Is a jury entitled to additional instructions on the defense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Verania, 867 F.2d 614 (9th Cir. 1988):
While the district court has the responsibility to eliminate confusion when a jury seeks clarification, whether and to what extent additional instructions are necessary are matters within the sound discretion of the trial court. United States v. Hayes, 794 F.2d 1348, 1352 (9th Cir.1986), cert. denied, 476 U.S. 1986 (1987) (citations omitted). Further, a defendant is entitled to a jury instruction on a defense only if the theory has a basis in law and in the record. Id. at 1350.
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