SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 737 Special Circumstances: Murder of Transportation Worker, PC 190.25
TABLE OF CONTENTS
F 737.1 Titles And Identification Of Parties
F 737.1 Inst 1 Special Circumstances: Murder of Transportation Worker—Title
F 737.1 Inst 2 Identification Of Prosecution And Defendant
F 737.2 Instructions
F 737.2 Inst 1 “Reasonably Should Have Known”
F 737.2 Inst 2 Gang Killing Special Circumstance: Concurrence Of Killing And Intent To Kill
F 737.2 Inst 3 Linking Special Circumstance To the Murder To Which It Relates
Return to Series 700 Table of Contents.
F 737.1 Titles And Identification Of Parties
F 737.1 Inst 1 Special Circumstances: Murder of Transportation Worker—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 737.1 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 737.2 Instructions
F 737.2 Inst 1 “Reasonably Should Have Known”
*Add to CC 737:
In deciding, if you can, whether the defendant reasonably should have known that _______________ <name of decedent> was a transportation worker, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have known.
Points and Authorities
See CC 505; see also FORECITE F 402.5 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 737.2 Inst 2 Gang Killing Special Circumstance: Concurrence Of Killing And Intent To Kill
*Modify CC 736 Element 1 as follows [added language is underlined]:
1. At the time ______________ <insert name of decedent> was killed the defendant intended to kill (him/her) ________ <insert name of decedent>;
Points and Authorities
See FORECITE F 251 Inst 3.
F 737.2 Inst 3 Linking Special Circumstance To the Murder To Which It Relates
See FORECITE F 720.2 Inst 1.
