SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 729 Special Circumstances: Murder Because Of Race, Religion, Or Nationality, PC 190.2(a)(16)
TABLE OF CONTENTS
F 729.1 Titles And Identification Of Parties
F 729.1 Inst 1 Special Circumstances: Murder Because of Race, Religion, or Nationality—Title
F 729.1 Inst 2 Identification Of Prosecution And Defendant
F 729.2 Instructions
F 729.2 Inst 1 Hate Special Circumstance: Defendant Must Act With Animosity Or Bias Toward A Protected Class
Return to Series 700 Table of Contents.
F 729.1 Titles And Identification Of Parties
F 729.1 Inst 1 Special Circumstances: Murder Because Of Race, Religion, Or Nationality—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 729.1 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 729.2 Instructions
F 729.2 Inst 1 Hate Special Circumstance: Defendant Must Act With Animosity Or Bias Toward A Protected Class
*Modify CC 729, paragraph 2, as follows [added language is underlined; deleted language is stricken]:
To prove that this special circumstance is true, the People prosecution must prove beyond a reasonable doubt that:
1. The defendant intended to kill because of the deceased person’s (race[,]/ color[,]/ religion[,]/ nationality[,]/ [or] country of origin);
AND
2. The defendant killed ______________ <name of victim> based on some animosity or other bias motivation towards _____________‘ <victim’s> (race[,]/ color[,]/ religion[,]/ nationality[,]/ [or] country of origin).
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request. [See CALCRIM Motion Bank #CCM-001.]
Killing Must Be Based On Animosity OR Bias Against Race, Religion, Etc.—See88 Ops. Cal. Atty. Gen. 141(8/18/05, 04-1104.)
No Reference To “The People”—The defendant objects to use of the term “the People” in this instruction and throughout this trial. [See FORECITE F 100.2 Note 1; CALCRIM Motion Bank # CCM-006.]
Use Of The Term “Defendant”—The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank #CCM-005.] By using the term “defendant” in this instructional request, the defense does not withdraw the request.
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 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
