What are the consequences of a trial court's failure to instruct the jury in a sexual assault case?
California, United States of America
The following excerpt is from People v. Whitt, 205 Cal.Rptr. 810, 36 Cal.3d 724, 685 P.2d 1161 (Cal. 1984):
The trial court's failure to instruct the jury under Carlos v. Superior Court, supra, 35 Cal.3d 131, 197 Cal.Rptr. 79, 672 P.2d 862 will be addressed first because this error requires the special circumstance finding to be set aside and the penalty judgment to be reversed.
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Other Questions
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)
What is the effect of a trial court's failure to instruct on the burden of proof for a consent defense in a sexual assault case? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
In a sexual assault case, what is the test for a plaintiff's claim that the trial court did not abuse its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
Can a trial court give an instruction to a defendant in a sexual assault case, whether or not they request it? (California, United States of America)
How have courts reviewed a trial court's ruling on the hearsay nature of evidence in a sexual assault case? (California, United States of America)
Does the Court of Appeal have the power to overturn a conviction for sexual assault on the grounds that the trial court improperly instructed the jury to consider the issue of venue? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
How have the courts interpreted jury instructions in cases involving sexual assault cases? (California, United States of America)
How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
