SERIES 1100 SEX OFFENSES
F 1191 Evidence Of Uncharged Sex Offense (EC 1108(a))
TABLE OF CONTENTS
F 1191.1 Titles And Identification Of Parties
F 1191.1 Inst 1 Evidence Of Uncharged Sex Offense—Title
F 1191.1 Inst 2 Identification Of Prosecution And Defendant
F 1191.2 Evidence Of Uncharged Sex Offense—Instructions
F 1191.2 Inst 1 Prior Uncharged Offense Must Be Proved Beyond A Reasonable Doubt
F 1191.2 Inst 2 Informing Jurors That Prior Offenses Resulted In Acquittal Or Hung Jury
F 1191.3 Evidence Of Uncharged Sex Offense—Language That Is Argumentative, Confusing, Etc. [Reserved]
Return to Series 1100 Table of Contents.
F 1191.1 Titles And Identification Of Parties
F 1191.1 Inst 1 Evidence Of Uncharged Sex Offense—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1191.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1191.2 Evidence Of Uncharged Sex Offense—Instructions
F 1191.2 Inst 1 Prior Uncharged Offense Must Be Proved Beyond A Reasonable Doubt
*Add to CC 1191
Before you may rely on the ______________<name of uncharged offense> to find the defendant guilty of the charged _______________<name of charged offense> you must first determine whether the uncharged _______________ <name of uncharged offense> allegation is an essential part of the prosecution’s case.
If the uncharged ___________ <name of uncharged offense> allegation is essential to the conclusion that the defendant is guilty of the charged _______________<name of charged offense> you may not rely on the uncharged ___________ <name of uncharged offense> unless you first find beyond a reasonable doubt that the defendant committed the uncharged ___________ <name of uncharged offense>.
Remember that you may not convict the defendant of any crime unless you are convinced that each fact essential to the conclusion that the defendant is guilty of that crime has been proved beyond a reasonable doubt.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Prosecution Must Prove Every Essential Fact Beyond A Reasonable Doubt—See e.g., CALCRIM 224; CC 376, paragraph 4, see also FORECITE F 103.2 Inst 1.
See In re Winship (1970) 397 US 358 [25 LEd2d 368; 90 SCt 1068]; see also e.g., CC 224, 376.
[See also FORECITE F 103.2 Inst 1.]
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional, federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 2.50.01a.
F 1191.2 Inst 2 Informing Jurors That Prior Offenses Resulted In Acquittal Or Hung Jury
*Add to CC1191 when appropriate:
To assist you in your assessment of this evidence pertaining to the testimony of ________, you are instructed that at another time and place a duly constituted jury charged with the very issue of determining the defendant was guilty of this alleged conduct [concluded that he was not guilty of that conduct] [was unable to reach a verdict].
[Source: People v. Mullens (2004) 119 CA4th 648, 664.]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Right To Instruction On Prior Acquittal Or Hung Jury—When a defendant has been acquitted of a prior charge based upon the same evidence presently offered by the prosecution the defense has the right to inform the jury of the acquittal. (See People v. Mullens (2004) 119 CA4th 648, 669 [reversible error to exclude acquittal for alleged prior sex offense]; see also People v. Griffin (1967) 66 C2d 459.) Moreover, Mullens suggested the above instruction in cases involving an acquittal. (Mullens, 119 CA4th at 664.)
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
FORECITE CG 6.5 [Instructions Must Be Balanced Between Defense and Prosecution]
FORECITE CG 7.1 [Right To Jury Consideration Of The Evidence]
In death penalty cases additional, federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 2.50.01d.
F 1191.3 Evidence Of Uncharged Sex Offense—Language That Is Argumentative, Confusing, Etc. [Reserved]
