Under what circumstances must the trial court instruct the jury on the general principles of law?

California, United States of America


The following excerpt is from People v. Dibernardo, G049920 (Cal. App. 2014):

"'"[I]n criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case."'" (People v. Breverman (1998) 19 Cal.4th 142, 154.)

Page 11

This sua sponte duty "has been extended to require instructions on every material element of an offense." (People v. Flood (1998) 18 Cal.4th 470, 480.)

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