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Third party guilt: The crucial role of defense theory instructions
By Thomas Lundy
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Jury Instruction columns.
When the defense relies on a theory of third party guilt, the jury may
improperly view the trial as a question of whether or not the third
party has been proven guilty. Hence, it is crucial that the instructions
caution the jurors against shifting the burden of proof to the
defendant.
Right of the accused to rely on third party guilt as a defense theory and to present evidence of third party guilt
Evidence that another person committed the charged crime is “generally
recognized as relevant evidence under fundamental standards.” Larimore v. State, 877 S.W.2d 570, 575 (Ariz. 1994) ; see also United States v. Stevens, 935 F.2d 1380, 1401-03 (3rd Cir. 1991); United States v. Armstrong, 621 F.2d 951, 953 (9th Cir. 1980); U.S. v. Calle,
822 F.2d 1016, 1021 (11th Cir. 1987) (third party guilt is substantive
defense which cannot be limited by trial court pursuant to rules
governing impeachment); People v. Edelbacher, 47 Cal.3d 983, 1017; 254 Cal.Rptr.586 (1989); People v.
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