Return to CALJIC Part 14-17 – Contents
F 17.41a
How Jurors Should Approach Their Task: Clarification Of Wording
*Modify CJ 17.41 to provide as follows [added language is capitalized]:
The attitude and conduct of jurors AT THE BEGINNING OF THEIR DELIBERATIONS ARE MATTERS OF CONSIDERABLE IMPORTANCE. It is USUALLY UNWISE for a juror at the OUTSET to make an emphatic expression of [his] [her] opinion on the case or to state how [he] [she] intends to vote. When a juror does that [his] [her] pride may be aroused, and [he] [she] may hesitate to change [his] [her] position even if shown it is wrong. Remember that you are not partisans or advocates in this case. You are impartial judges of the fact.
Points and Authorities
These modifications make the wording of CJ 17.41 clearer.
F 17.41b
Judge Discussion With Individual Juror:
Admonition To Other Jurors
*Add to CJ 17.41:
SAMPLE INSTRUCTION # 1:
Occasionally if may be necessary for me to talk with an individual juror or jurors alone. Such discussions are of no concern to the jury and must not be discussed or considered by any of you. Nor should you speculate about the content of any such discussions.
SAMPLE INSTRUCTION # 2:
It is necessary that the court occasionally talk to an individual juror alone. Please don’t ask that particular juror what it is that he or she is sharing with us at that point. That would be talking about this case, and it’s something that you’re not to do. Nor should you speculate about the content of the discussion.
Points and Authorities
Without a cautionary instruction there is a danger that the jurors will discuss or speculate about the judge’s discussion with an individual juror or jurors. Sample Instruction # 2 is the instruction given in People v. Holloway (2004) 33 C4th 96, 124.
F 17.41c
Judge Discussion With Individual Juror:
Admonition To Individual Juror
*Add to CJ 17.41:
Any juror who sends a note to me must not discuss the content of that note with any other juror.
Points and Authorities
See CRIMINAL JURY INSTRUCTIONS – NEW YORK, CJI 3.37 [Admonitions: Discussion By Others] ¶ 3 (New York Office of Court Administration, 1983).