What is the test for instructing a criminal jury on any lesser offense "necessarily included" in the charged offense?
California, United States of America
The following excerpt is from People v. Ramirez, 2d Crim. No. B288858 (Cal. App. 2019):
" '[A] trial court must instruct a criminal jury on any lesser offense "necessarily included" in the charged offense, if there is substantial evidence that only the lesser crime was committed.' " (People v. Carrasco, supra, 163 Cal.App.4th at p. 984.)
"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
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
When a defendant is charged with conspiracy to commit a lesser included crime, what is the duty of the court to instruct the jury on all necessarily included offenses? (California, United States of America)
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 test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
What is the test for determining whether a lesser charged offence is necessarily included in a greater charged offense? (California, United States of America)
What is the duty of a court to instruct a jury on any uncharged lesser offense that is necessarily included in a charged offence? (California, United States of America)
Does the doctrine of the lesser included offense doctrine apply to a defendant who has pleaded guilty to a charge of a related but not necessarily included crime? (California, United States of America)
Does a court err by failing to instruct on attempted criminal threat as a lesser included offense of criminal threat? (California, United States of America)
Does a court err by failing to instruct on attempted criminal threat as a lesser included offense of criminal threat? (California, United States of America)
