California, United States of America
The following excerpt is from People v. Garcia, H038479 (Cal. App. 2014):
"Even without a request, a trial court is obliged to instruct on ' "general principles of law that are commonly or closely and openly connected to the facts before the court and that are necessary for the jury's understanding of the case"' [citation] . . . . In particular, instructions delineating an aiding and abetting theory of liability must be given when such derivative culpability 'form[s] a part of the prosecution's theory of criminal liability and substantial evidence supports the theory.' [Citation.]" (People v. Delgado (2013) 56 Cal.4th 480, 488.)14 "[T]he State must prove every element of the offense, and a jury instruction violates due process if it fails to give effect to that requirement. [Citation.] Nonetheless, not every ambiguity, inconsistency, or deficiency in a jury instruction rises to the level of a due process violation." (Middleton v. McNeil (2004) 541 U.S. 433, 437.)
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