What is the current state of the law on "impromptu instruction on reasonable doubt"?

California, United States of America


The following excerpt is from People v. Flores, B286863 (Cal. App. 2018):

"[A]ppellate courts have long cautioned against 'an impromptu instruction on reasonable doubt.' [Citations.] . . . [V]arying from the standard is a 'perilous exercise.' " (People v. Freeman (1994) 8 Cal.4th 450, 503-504.) In assessing a trial court's charge to the jury, including any elaborations or

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explanations of the standard instructions, we must consider the instructions as a whole. (People v. Campos (2007) 156 Cal.App.4th 1228, 1237.) In the context of the entire charge, an instruction can only be found to be ambiguous or misleading if there is a reasonable likelihood that the jury misconstrued or misapplied its words. (Id. at p. 1237.)

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