Is a jury's failure to consider an element of the charged offense governed by the rule of reversal per se?
California, United States of America
The following excerpt is from People v. Richie, 28 Cal.App.4th 1347, 34 Cal.Rptr.2d 200 (Cal. App. 1994):
Appellant asserts that cases such as this, in which the jury has entirely failed to consider an element of a charged offense, are governed by a rule of reversal per se. We disagree. Where failure to instruct on an element of the charged offense has not rendered the trial "fundamentally unfair" (Rose v. Clark (1986) 478 U.S. 570, 577, 106 S.Ct. 3101, 3106, 92 L.Ed.2d 460), harmless error
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