Reasonableness Of Victim’s Fear: Request For Instruction As Defense Theory
September 14th, 2015

People v. Morehead (2011) 191 Cal. App. 4th 765, held that CC 1600 was not invalid for failing to instruct the jury that a robbery victim’s fear must be reasonable.

Morehead simply held that the court does not have a sua sponte duty to instruct the jury that a robbery victim’s fear must be reasonable. Morehead itself cites the authority requiring that such a victim’s fear must be reasonable. (Id. at 772.) However, when appropriate, the defense should consider requesting such an instruction.


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