When there is substantial evidence that a element of the charged offense is missing but that the accused is guilty of a lesser included offence, what is the test for instructing the jury to convict the accused of the same offence?
California, United States of America
The following excerpt is from People v. Castro, B264800 (Cal. App. 2016):
"When there is substantial evidence that an element of the charged offense is missing, but that the accused is guilty of a lesser included offense, the court must instruct upon the lesser included offense, and must allow the jury to return the lesser conviction, even if not requested to do so." (People v. Webster (1991) 54 Cal.3d 411, 443.)
"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)
Does a court have a duty to instruct on a lesser included offence when the evidence raises a question as to whether all of the elements of the charged offense are present? (California, United States of America)
When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations? (California, United States of America)
Does a substantial amount of evidence need to be substantial to determine whether the trial court erred in failing to instruct on a lesser included offense? (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)
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)
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (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)
