What is the duty of a jury to give instructions on any affirmative defense for which the record contains substantial evidence?
California, United States of America
The following excerpt is from People v. Bibb, E049500, Super.Ct.No. RIF135310 (Cal. App. 2011):
This obligation includes the duty to give instructions on any affirmative defense for which the record contains substantial evidence, that is, evidence sufficient for a reasonable jury to find in favor of the defendant. (People v. Salas (2006) 37 Cal.4th 967, 982.) In determining whether the evidence is sufficient to warrant a jury instruction, the trial court does not determine the credibility of the defense evidence; instead, it
Page 6
"The most advanced legal research software ever built."
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.
Other Questions
Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
What is the test for instructing a jury on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
What is the test for giving a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
What is the test for instructing a jury on a defense for which the record contains substantial evidence? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
Is a defendant entitled to an instruction on any affirmative defense supported by substantial evidence? (California, United States of America)
What is a trial court's obligation to instruct the jury with any affirmative defense supported by substantial evidence? (California, United States of America)
Does the fact that defense counsel did not request an instruction for which there is no substantial evidence that the instruction is deficient or futile? (California, United States of America)
