DueProcess Privacy
Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence?
Questions Presented for Review In Mathews v. United States, 485 U.S. 58, 63 (1988), this Court recognized “[a]s a general proposition” that a criminal “defendant is entitled to an instruction as to any recognized defense for which there exists evidence sufficient for a reasonable jury to find in his favor.” The federal circuits, however, espouse markedly different opinions on the scope and application of this maxim. The circuits are divided over whether Mathews is limited to the defense of entrapment and the applicable appellate standard of review when the trial court fails to provide the requested defense instruction. The questions presented are: 1. Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence? 2. If the district court rejects a jury instruction on the defendant’s recognized theory of defense, what is the applicable appellate standard of review? i