Defense Theory: Defendant On Medication And No Longer Violent
December 20th, 2022
Defense counsel is entitled to expressly argue that defendant will not present any future danger in prison because he has been on medication provided by custodial authorities for several years and that medication has eliminated his violent tendencies. (People v. Parker (2017) 2 Cal.5th 1184, 1231.)
Thus, upon request the defense should have the right to a specific instruction on this defense theory. “A trial court should not require a party to rely on abstract generalities in presenting its legal theory of the case to the jury, but should instruct the jury on vital issues in terms that relate to the particular case before it. [Citations.]” (Self v. General Motors Corp. (1974) 42 CA3d 1, 10; see also Soule v. General Motors Corp. (1994) 8 C4th 548, 572; see also Sesler v. Ghumman (1990) 219 CA3d 218, 225.) “Therefore, giving an instruction embodying a general rule does not justify refusing a more specific instruction applying the rule to the particular circumstances of the case.” (Ibid.)
See also PG III(A)
Sample Instruction: The prosecution contends that the defendant will be a future danger in prison. The defense contends that he will not present any future danger in prison because he has been on medication and is no longer violent. In resolving this question consider the evidence that the defendant has been on medication provided by the custodial authorities and that he has not been violent while on this medication.
Tags: CC 763, Death Penalty, Defense Theory Instructions
