What is the duty to instruct a jury in a sexual assault case?
California, United States of America
The following excerpt is from People v. Carr, B278946 (Cal. App. 2018):
relevant to the issues raised by the evidence"' and "'necessary for the jury's understanding of the case."' [Citations.] It is also well settled that this duty to instruct extends to defenses 'if it appears . . . the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case."' (People v. Brooks (2017) 3 Cal.5th 1, 73.)
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