What is the test for using the word "victim" in a jury trial?
California, United States of America
The following excerpt is from People v. Lovely, F071158 (Cal. App. 2018):
We presume the jury followed the court's instructions. (People v. Prince (2007) 40 Cal.4th 1179, 1295.) In addition, the jury rejected the People's theory of first degree murder, thus giving credence to some part of defendant's trial testimony by finding him guilty of voluntary manslaughter, further indicating that the use of the word "victim" was not prejudicial under the circumstances.
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