SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 700 SPECIAL CIRCUMSTANCES: INTRODUCTION
TABLE OF CONTENTS
F 700.1 TITLES AND IDENTIFICATION OF PARTIES
F 700.1 Inst 1 Special Circumstances: Introduction—Title
F 700.2 INSTRUCTIONS
F 700.2 Inst 1 Jurors Not Required To Decide Specials
F 700.2 Inst 2 Deletion Of Surplusage Language “In Order…”
F 700.2 Inst 3 All Jurors Must “Find” Special Circumstances
Return to Series 700 Table of Contents.
F 700.1 Titles And Identification Of Parties
F 700.1 Inst 1 Special Circumstances: Introduction—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 700.1 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 700.2 INSTRUCTIONS
F 700.2 Inst 1 Jurors Not Required To Decide Specials
*Modify CC 700, paragraph 1 as follows [added language is underlined]:
If you find (the/a) defendant guilty of first degree murder, you must also decide, if you can, if the People have proved that [one or more of] the special circumstance[s] is true.
Points and Authorities
See FORECITEF 100.7 Inst 1.
F 700.2 Inst 2 Deletion Of Surplusage Language “In Order…”
*Modify CC 700, paragraph 3 as follows [added language is underlined; deleted language is stricken]:
In orderFor you to return …
Points and Authorities
In the interest of making the instructions less verbose the phrase “In order for …” or “In order to …” should be changed to “For …” or “To … .”
F 700.2 Inst 3 All Jurors Must “Find” Special Circumstances
*Modify CC 700, paragraph 3 as follows [added language is underlined; deleted language is stricken]:
… all 12 of you must agree find that all elements of the special circumstances have been proven beyond a reasonable doubt.
Points and Authorities
See FORECITE F 415.8 Inst 1.
