What is the test for a jury to be instructed that the prosecution must prove that a particular element of a case must be proven?
California, United States of America
The following excerpt is from People v. Scully, 11 Cal.5th 542, 278 Cal.Rptr.3d 792, 486 P.3d 1029 (Cal. 2021):
Furthermore, the point of the requested instruction was readily apparent to the jury from the remaining instructions. (See People v. Bolden (2002) 29 Cal.4th 515, 558559, 127 Cal.Rptr.2d 802, 58 P.3d 931 ( Bolden ) ["An instruction that does no more than affirm that the prosecution must prove a particular element of a
[278 Cal.Rptr.3d 833]
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