What is the prejudicial effect of giving an opinion-evidence in a case where the jury was instructed to look and not see?
California, United States of America
The following excerpt is from Bettencourt v. Direct Transp. Co., 210 Cal.App.2d 405, 26 Cal.Rptr. 623 (Cal. App. 1962):
The prejudicial effect of the officer's opinion-evidence was aggravated by giving the much criticised BAJI 140 instruction on 'looking and not seeing.' (See Abney v. Coalwell, 200 A.C.A. 916, 923, 19 Cal.Rptr. 846, and authorities cited therein.) The court also gave two variations of the same instruction, which were even more vulnerable than BAJI 140. For example, the jury was instructed that:
"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
When there is evidence of an accomplice giving instructions to a jury in a criminal case, what is the duty of the trial court to give the jury instructions? (California, United States of America)
Does a failure to give a defendant's oral instructions prejudicial in a case? (California, United States of America)
Can a party argue on appeal that the court failed to give a specific instruction when that party did not request such instruction? (California, United States of America)
If a jury is instructed to convict a defendant of robbery based solely on the taking of items from the victim's person, is this instructional error inconsequential or prejudicial? (California, United States of America)
What is the effect of the Court of Appeal's failure to give an instruction to the jury in an assault with a deadly weapon and by means of force likely to produce great bodily injury? (California, United States of America)
Can a jury instruction that fails to give effect to the requirement that the prosecution prove every element of the offence violate due process? (California, United States of America)
Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
What is the effect of the Court of Appeal's failure to give an unanimity instruction on the theory of first degree murder? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
