SERIES 600 attempted Murder
F 640 procedure for completion of verdict forms: With stone instruction
TABLE OF CONTENTS
F 640 notes
F 640 Note 1 The CALCRIM Instruction On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements
F 640 Note 2 Additional Acquittal First Issues
Return to Series 600 Table of Contents.
F 640 NOTES
F 640 Note 1 The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements
CALCRIM 640 and 641 list the charged and lesser offenses and then tell the jury, “You may consider these different [crimes] in whatever order you wish.” (Italics added.) The instructions do not say jurors must consider voluntary manslaughter and attempted voluntary manslaughter — even though their definitions actually included elements or sub-elements of murder and attempted murder. Furthermore, CALCRIM’s hypothetical illustrations reinforce the idea that the jury need not consider the lesser crimes: “If you all agree that the People have proved that the unlawful killing was first-degree [or attempted] murder, complete the verdict form stating that the defendant is guilty of first-degree [or attempted] murder.” (CALCRIM 640, 641.)
Accordingly, either the CALCRIM deliberation instruction or the instruction defining the elements of the greater offense should be modified to assure that the jurors are required to consider and determine whether any sub-elements have been proved beyond a reasonable doubt. (See FORECITE F 520.6 Inst 1 [The CALCRIM Instructions Fail To Make It Clear That Absence Of Passion/Quarrel And Absence Of Imperfect Defense Are Prerequisites Which The Jurors Must Find Before Convicting The Defendant Of Murder Or Attempted Murder].)
F 640 Note 2 Additional Acquittal First Issues
See FORECITE F 3517.
