What is the test for determining whether a jury instruction correctly states the law?

California, United States of America


The following excerpt is from People v. Mendoza, H039101, H041324 (Cal. App. 2015):

"We determine whether a jury instruction correctly states the law under the independent or de novo standard of review." (People v. Ramos (2008) 163 Cal.App.4th 1082, 1088.) The pertinent inquiry is whether the instructions as a whole fully and fairly set forth the applicable law. (Ibid.) In making that determination, we assume that jurors are intelligent persons capable of understanding and correlating all jury instructions which are given and, where reasonably possible, we interpret the instructions to support the judgment. (Ibid.)

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