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
Page 11
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.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.