What is the difference between the standard and the standard instructions for the compassionate use defense?

California, United States of America


The following excerpt is from People v. MENTCH, 195 P.3d 1061, 45 Cal.4th 274, 85 Cal.Rptr.3d 480 (Cal. 2008):

Aware of the difference between the two standard instructions, and concerned about whether the trial court properly instructed the jury in this case, we directed the parties to brief the additional question whether the defendant's burden to raise a reasonable doubt regarding the compassionate use defense (see People v. Mower (2002) 28 Cal.4th 457, 122 Cal.Rptr.2d 326, 49 P.3d 1067) is a burden of producing evidence under Evidence Code section 110 or a burden of proof under Evidence Code section 115. (See, e.g., Evid.Code, 500, 501, 502, 550, and the

[195 P.3d 1074]

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