What is the test for a jury to be instructed on the general principles of law in a criminal case?

California, United States of America


The following excerpt is from People v. Donohue, A144656 (Cal. App. 2016):

The general rule is that " ' "in criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case." [Citation.]' " (People v. Breverman (1998) 19 Cal.4th 142, 154.) "We determine whether a jury instruction correctly states the law under the independent or de novo standard of review. [Citation.] Review of the adequacy of instructions is based on whether the trial court 'fully and fairly instructed on the applicable law.' [Citation.] . . . 'Instructions should be interpreted, if possible, so as to support the judgment rather than defeat it if they are reasonably susceptible to such interpretation.' [Citation.]" (People v. Ramos (2008) 163 Cal.App.4th 1082, 1088.)

Page 7

Other Questions


Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
What is the duty of a court to instruct a jury on the general principles of law in a criminal case? (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)
What is the test for instructing a jury on the general principles of law in a criminal case? (California, United States of America)
In a criminal case, in what circumstances will the trial court grant a request to instruct on the general principles of law relevant to the issue? (California, United States of America)
What is the duty of a court to instruct a jury on general principles of law in a criminal case? (California, United States of America)
What is a defendant's duty of counsel in a criminal case to instruct a jury on the principles of law relevant to their understanding of the case? (California, United States of America)
Does a party have to complain to the Court on appeal that an instruction in a criminal case instructing a jury to convict a defendant of possessing all six firearms was "too general or incomplete"? (California, United States of America)
What is the duty of the trial court to instruct the jury on the general principles of law in a criminal case? (California, United States of America)
In what circumstances will the trial court instruct the jury on the general principles of law in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.