SERIES 3300 NON-CALCRIM DEFENSES
F 3300 Basic Principles: Defenses And Defense Theories
I. Determining Who Has The Burden Of Proof As To A Defense
See FORECITE F 2764.2 Inst 1.
II. Defendant’s Right To Relate The Defense Theory To An Element Of The Charge
See FORECITE PG III(A).
III. Argumentative Instructions vs. Proper Pinpoint Instructions
See FORECITE PG III(B).
IV. Improper To Instruct On Defense Burden To Produce Evidence Or To Suggest That Defense Must “Raise” Or “Create” A Reasonable
Doubt
See FORECITE PG III(D).
V. Any Single Fact May Be Sufficient To Leave the Jury With A Reasonable Doubt
See FORECITE PG III(E).
VI. Judge’s Duty To Instruction On Defenses
See FORECITE PG V(A)(6)
VII. Neither Defendant’s Testimony Nor Affirmative Defense Evidence Is Necessary For Instruction On Defense Theory
See FORECITE PG X(A)(1.3.2).
VIII. Defendant’s Testimony Constitutes Substantial Evidence Even If Implausible And Seriously Contradicted
See FORECITE PG X(A)(1.3.1).
IX. Requested Instructions: Doubts Resolved In Favor Of Defendant
See FORECITE PG X(A)(1.3.3).
X. Right To Instruction Must Not Be Based On A Binary Choice Between The Prosecution And Defense Evidence: Instruction On “Third
Scenario” May Be Appropriate
See FORECITE PG X(A)(1.3.4).
XI. Applicability To Sua Sponte And Requested Instructions
See FORECITE PG X(A)(1.4).
XII. Sua Sponte Duty Governed By Substantial Evidence Without Regard To Source Or Credibility Of The Evidence
See FORECITE PG X(A)(1.4.1).
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