SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 731 Special Circumstances: Murder In Commission Of Felony—Kidnapping With Intent To Kill, PC 190.2(a)(17) (After March 8, 2000)
TABLE OF CONTENTS
F 731.1 Titles And Identification Of Parties
F 731.1 Inst 1 Special Circumstances: Murder in Commission of Felony—Kidnapping With Intent to Kill—Title
F 731.1 Inst 2 Identification Of Prosecution And Defendant
F 731.2 Instructions
F 731.2 Inst 1 “Engaged” As Insufficiently Precise
F 731.2 Inst 2 Modification Of Burden Shifting Language
F 731.2 Inst 3 Felony Murder Special Circumstance: Specification Of Person Killed
F 731.2 Inst 4 Deletion Of Duplicative And Argumentative Language
F 731.2 Inst 5 Felony Murder Special Circumstance: Concurrence Of Act And Intent To Kill
F 731.2 Inst 6 Linking Special Circumstance To the Murder To Which It Relates
Return to Series 700 Table of Contents.
F 731.1 Titles And Identification Of Parties
F 731.1 Inst 1 Special Circumstances: Murder In Commission Of Felony—Kidnapping With Intent To Kill—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 731.1 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 731.2 Instructions
F 731.2 Inst 1 “Engaged“ As Insufficiently Precise
*Modify CC 731, paragraph 1, as follows [added language is underlined; deleted language is stricken]:
The defendant is charged with the special circumstance of intentional murder while engaged in the commission of committing kidnapping.
Points and Authorities
See FORECITE F 730.2 Inst 10.
F 731.2 Inst 2 Modification Of Burden Shifting Language
*Modify CC 731, Element 3, as follows [added language is underlined; deleted language is stricken]:
[3. If any juror has a reasonable doubt that the defendant did not personally committed [or attempted to commit] kidnapping, then another perpetrator, (whom the defendant was aiding and abetting/ [or] with whom the defendant conspired), personally committed [or attempted to commit] kidnapping;]
Points and Authorities
See FORECITE F 404.2 Inst 1.
F 731.2 Inst 3 Felony-Murder Special Circumstance: Specification Of Person Killed
*Modify CC 731, Elements 3/4 and 4/5 as follows [added language is underlined; deleted language is stricken]:
(3/4). (The defendant/ ______________<insert name or description of person causing death if not defendant>) did an act that was a substantial factor in causing the death of another person _______________ <insert name of decedent>;
(4/5). The defendant intended that the other person _______________ <insert name of decedent> be killed;
Points and Authorities
See FORECITE F 820.2 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 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.
F 731.2 Inst 4 Deletion Of Duplicative And Argumentative Language
*Modify CC 731, paragraph 6 as follows:
[DELETE PARAGRAPH 6]
Points and Authorities
See FORECITE F 416.3 Inst 4.
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.
F 731.2 Inst 5 Felony-Murder Special Circumstance: Concurrence Of Act And Intent To Kill
*Modify Element 4/5 as follows [added language is underlined; deleted language is stricken]:
(4/5). The defendant intended that the other person _______________ <insert name of decedent> be killed when he committed the act[s] alleged as the basis for the murder charge;
Points and Authorities
See FORECITE F 251 Inst 3.
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.
F 731.2 Inst 6 Linking Special Circumstance To the Murder To Which It Relates
See FORECITE F 720.2 Inst 1.
