SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 760 homicide: death penalty—Introduction to Penalty Phase
TABLE OF CONTENTS
F 760.1 Titles And Identification Of Parties
F 760.1 Inst 1 Death Penalty: Introduction To Penalty Phase—Title
F 760.1 Inst 2 Identification Of Prosecution And Defendant
F 760.2 Death Penalty: Introduction To Penalty Phase—Instructions
F 760.2 Inst 1 Telling The Jurors That They “Must Decide Which Penalty The Defendant Will Receive” Is Misleading And Coercive
F 760.2 Inst 2 Modification Of Standard Admonition For Use In Death Penalty Cases
Return to Series 700 Table of Contents.
F 760.1 Titles And Identification Of Parties
F 760.1 Inst 1 Death Penalty: Introduction To Penalty Phase—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 760.1 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 760.2Death Penalty: Introduction To Penalty Phase—Instructions
F 760.2 Inst 1 Telling The Jurors That They “Must Decide Which Penalty The Defendant Will Receive” Is Misleading And Coercive
*Modify CC 760, paragraph 1, sentence 3, as follows [added language is underlined]:
You must decide, if you can, which penalty (the/each) defendant will receive.
Points and Authorities
See FORECITE F 100.7 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 13.9 [The 8th Amendment Requires That The Jury Understand The Death Penalty Instructions]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 760.2 Inst 2 Modification Of Standard Admonition For Use In Death Penalty Cases
See generally FORECITE F 124 Inst 2.
