What is the current state of the law on jury instructions in a sexual assault case?

California, United States of America


The following excerpt is from People v. Ramirez, B270205 (Cal. App. 2017):

The jury instructions accurately instructed the jury on the elements of the offense. Even if the instructions were not accurate, appellant "did not ask the trial court to clarify or amplify the instruction." (People v. Cole (2004) 33 Cal.4th 1158, 1211.) "A party may not complain on appeal that an instruction correct in law and responsive to the evidence was too general or incomplete unless the party has requested appropriate clarifying or amplifying language. [Citation.]" (People v. Lang (1989) 49 Cal.3d 991, 1024.)

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