Is there any reversible error in giving a jury an instruction of "willfully" or "revolving" in a criminal case?

California, United States of America


The following excerpt is from People v. Kozel, 133 Cal.App.3d 507, 184 Cal.Rptr. 208 (Cal. App. 1982):

The next instruction complained of was given at appellant's request, thus he may not be heard to argue that it was reversible error. (People v. Williams, supra, 102 Cal.App.3d 1018, 1025, 162 Cal.Rptr. 748.) We refer to the point, nevertheless, because of appellant's various contentions concerning competency of his counsel. The error claimed is the giving of instruction CALJIC No. 1.20, which reads as follows: "The word 'willfully', when applied to the intent with which an act is done or omitted and as used in my instructions, implies simply a purpose or willingness to commit the act or to make the omission in question. The word does not require in its meaning any intent to violate law, or to injure another, or to acquire any advantage."

It has been held that giving this instruction is error where the crimes involved require specific intent, but that no prejudicial error results where the jury has been otherwise instructed on specific intent. (People v. Warren, (1959) 175 Cal.App.2d 233, 240, 346 P.2d 64.) The jury in the present case was instructed fully as to the required mental states and intent for the crimes involved. There was no reasonable probability that refusal of the instruction would have contributed to a better result for appellant.

Other Questions


When there is evidence of an accomplice giving instructions to a jury in a criminal case, what is the duty of the trial court to give the jury instructions? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Is a jury's failure to give a unanimity instruction in a criminal case a harmless error? (California, United States of America)
What is the basis for a finding of error in a trial court's refusal to instruct a jury to instruct on unanimity in a case where there were three distinct threats that could have constituted violations of section 422 of the Criminal Code? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
What is the test for reversible error in a jury instruction in a civil case? (California, United States of America)
What is the effect of an alleged instructional error in the course of a criminal case? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
Is giving the instruction that consent is not a defense in a sexual assault case reversible per se or subject to Chapman prejudice review? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.