Is a jury instruction argumentative when it is "of such a character as to invite the jury to draw inferences favorable to one of the parties"?
California, United States of America
The following excerpt is from People v. Quintana, A151801 (Cal. App. 2019):
We disagree. "A jury instruction is argumentative when it is ' "of such a character as to invite the jury to draw inferences favorable to one of the parties from specified items of evidence." ' " (People v. Lewis (2001) 26 Cal.4th 334, 380.) A court can refuse instructions that highlight "specific evidence as such" because such instructions invite the
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