California, United States of America
The following excerpt is from People v. James, A153736, A155361 (Cal. App. 2019):
When reviewing challenges to jury instructions, we "must consider whether there is a ' "reasonable likelihood" ' that the jury understood the charge in the way defendants suggest." (People v. Mackey (2015) 233 Cal.App.4th 32, 108.) This court will consider the language of the instruction, the instruction as a whole, and the arguments of counsel. (People v. Bordelon (2008) 162 Cal.App.4th 1311, 1321.) "[N]ot every ambiguity, inconsistency, or deficiency in a jury instruction rises to the level of a due process violation." (Middleton v. McNeil (2004) 541 U.S. 433, 437.)
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