Accident as Defense Theory: Not Required Sua Sponte June 12th, 2015
When the defense theory of accident is an attempt to negate the intent element of the crime, the trial judge has no sua sponte duty to give CC 3404. (CC 3404 Bench Notes, Citing People v. Anderson (2011) 51 Cal. 4th 989, 997-998.)
Tags: Accident , CC 3404 , Defense Theory Instructions , Judge Duty to Instruct , Sua Sponte
Duress Is Not a Defense to Murder June 8th, 2015
Duress is not a defense to murder, and will not reduce murder to manslaughter. (People v. Burney (2010) 47 Cal. 4th 203.) However, duress may negate the deliberation or premeditation required for first degree murder, and a modified version of this instruction may be appropriate if warranted by the circumstances of a case. (CCJICH […]
Tags: CC 3402 , Defense Theory Instructions , Duress
Consciousness of Guilt: False Statements–Defense Theory Of Intoxication May 1st, 2015
In general, voluntary intoxication may not be considered for general intent crimes. (People v. Mendoza (1998) 18 Cal. 4th 1114, 1127-1128.) However, voluntary intoxication may be relevant on the question of whether a defendant’s statements while intoxicated are probative of the defendant’s veracity within the meaning of CC 362. (People v. Wiidanen (2011) 201 […]
Tags: CC 3452 , CC 362 , Consciousness of Guilt , Defense Theory Instructions , False Statements , Non-CALCRIM
Mistake of Fact – Role of Reasonableness March 13th, 2015
Mistake of Fact – Jury May Consider Reasonableness of Belief on the Issue of Good Faith It is well established that a good faith mistake of fact can negate specific mental state elements of a charge such as knowledge. (See People v. Watt (2014) 229 Cal. App. 4th 1215, 1217-1220; People v. Lawson […]
Tags: CC 3406 , Defense Theory Instructions , Mistake Of Fact
Rejection or Disbelief of Alibi or Third Party Guilt Evidence February 23rd, 2015
This post [0003 Centeno] discusses the problem of juror confusion regarding whether rejection or disbelief of defense evidence can supply proof that is missing from the prosecution’s evidence. This risk is particularly high with defenses such as alibi and third party guilt. The greatest danger of diluting the burden of proof in such cases is […]
Tags: Alibi , Burden Of Proof , Defense Theory Instructions , Duty to Instruct , Duty to Instruction , Misstatement Of Law , Presumption of Innocence , Prosecutor Misconduct , Sample Instructions , Third Party Guilt
Use of Diagram or Visual Aid to Explain Proof Beyond a Reasonable Doubt February 13th, 2015
In People v. Centeno (2014) 60 Cal. 4th 659, 662 the prosecutor used a diagram showing the boundaries of California and urged the jury to convict based on a “reasonable” view of the evidence. In addressing this issue the CSC discussed several related cases: The case law is replete with innovative but ill-fated attempts […]
Tags: Beyond A Reasonable Doubt , Burden Of Proof , CC 100 , CC 101 , CC 220 , Charts and Diagrams , Defense Theory Instructions , Misstatement Of Law , Presumption of Innocence , Prosecutor Misconduct
No Sua Sponte Duty To Instruct On Defense Theory That Negates An Element Of The Offense; IAC For Failure To Request Defense Theory Instruction February 9th, 2015
People v. Hussain (2014) 231 Cal. App. 4th 261, 269-72, extended the holding of People v. Anderson (2011) 51 Cal.4th 989, 998 [trial courts do not have a duty to instruct sua sponte on the defense of accident] to a situation where the defendant relied claim of right to negate the felonious intent to […]
Tags: CC 1600 , CC 1800 , CC 1863 , Claim of Right , Defense Theory Instructions , Duty to Instruct , Ineffective Assistance of Counsel (IAC) , Judge Duty to Instruct , Robbery , Sua Sponte , Theft
Aider And Abettor: Natural And Probable Consequences – Right To Pinpoint Instruction On Defense Theory That Non-Target Crime Was The Independent Product Of The Perpetrator’s Mind Outside Of, Or Foreign To, The Common Design January 30th, 2015
People v. Smith (2014) 60 Cal. 4th 603 eliminated an element of the natural and probable consequences liability which the prosecution was required to prove by CC 402. However, in so doing Smith provided a basis for a defense pinpoint instruction relating the natural and probable consequences doctrine to evidence that the perpetrator of […]
Tags: Accomplice Liability , Aider and Abettor , CC 402 , CC 403 , Defense Theory Instructions , Natural and Probable Consequences , Non-CALCRIM
Claim of Right: Lack of Concealment December 20th, 2014
Caveat: Intent to permanently deprive the owner of the property taken is an essential element of larceny. (See CC 1600.) Accordingly, the jury cannot convict, if in light of all the evidence, including the defendant’s alleged claim of right, the intent to permanently deprive element has not been proven beyond a reasonable doubt. People v. […]
Tags: CC 863 , Claim of Right , Defense Theory Instructions
Consent Not A Defense To PC 288(b)–Lewd Act By Force: Child Victim Under 14 April 1st, 2014
The April 2011 revision of CC 1111 was explained by the Advisory Committee on Criminal Jury Instructions: “In a very recent case, People v. Soto (2011) 51 Cal. 4th 229, the Supreme Court held that a victim’s consent is not a defense to committing either lewd or aggravated lewd acts on a child under […]
Tags: CC 1111 , Consent , Defense Theory Instructions , Lewd and Lascivious , Sex Crimes
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