Return to CALJIC Part 3-4 – Contents
F 3.26a
Corporation Officers And Agents
SUBSEQUENT HISTORY: CJ Instruction Modified To Comport With FORECITE. In the CALJIC 6th Edition, CJ 3.26 was amended to adopt FORECITE’s recommendation that the term “innocent” be replaced with “not guilty.”
*Modify CJ 3.26 to provide as follows [added language is capitalized; deleted language is between <<>>]:
If you should find that the acts constituting the crime for which the defendant is on trial were committed by or under the name of the corporation, __________, then, in considering the question of <<the innocence or guilt of defendant>> WHETHER OR NOT DEFENDANT HAS BEEN PROVEN GUILTY BEYOND A REASONABLE DOUBT, you must determine whether or not [he] [she] was a principal under the law defining principals and prescribing the conditions of their liability.
Points and Authorities
[See FORECITE F 1.00b]
Accordingly, CJ 3.26 should also be revised.