Pre-Deliberation Instructions (CC3550): Modification When Received Benefits from Prosecution in Exchange for Testimony
December 4th, 2018
Considerations of punishment are important with respect to witnesses who have received or been promised benefits from the prosecution such as immunity or leniency. (See e.g., CC 105 and CC 226.) For example, in Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972), “the Government’s case […]
Tags: CC 105, CC 226, CC 3550, Witness Credibility
Jury Instructions Should not Permit Jurors to Reject Defense Evidence Without Considering It
September 14th, 2018
It is a fundamental tenet of the federal constitutional rights to fair trial by jury and due process (5th, 6th and 14th Amendments) that the jury consider exculpatory evidence upon which the defendant relies to leave the jury with a reasonable doubt as to any element of the charge. (See e.g., Martin v. Ohio (87) […]
Tags: CC 105, CC 2100, CC 2101, CC 2102, CC 2110, CC 2111, CC 2113, CC 2114, CC 2200, CC 226, CC 2430, CC 2431, CC 2432, CC 2470, CC 2514, CC 2745, CC 2746, CC 2747, CC 316, CC 3450
Juror’s “Common Sense and Experience” May Not Override Presumption of Innocence
August 22nd, 2018
CC 105 and CC 226 — which tell the jurors to rely on their “common sense and experience” regarding their consideration of evidence – have been approved in an appellate ruling. (See People v. Campos (2007) 156 Cal.App.4th 1228, 1239-1241; see also People v. Centeno (2014) 60 Cal.4th 659, 669 [“jurors may rely on common knowledge […]
Tags: Burden Of Proof, CC 105, CC 226, Jury Deliberation, Presumption of Innocence, Sample Instructions
Witness Credibility Factors: Sua Sponte Duty to Delete Inapplicable Factors
April 13th, 2015
The court has a sua sponte duty to give an instruction on factors relevant to a witness’s credibility. However, not all of the factors will apply in each case. Therefore, the court should strike those factors inapplicable in a case. Failure to do so may cause jurors to speculate about what evidence was not […]
Tags: CC 226, Evidence and Witnesses, Judge Duty to Instruct, Sua Sponte
Witness Credibility: Relevance Of Inadvertent Mistake
May 10th, 2014
Defense counsel have tried to have courts modify this instruction to have the last paragraph read: “If you decide that a witness deliberately lied or inaccurately testified about something significant in this case. . .or, if you think the witness lied or inaccurately testified about some things. . ..” However, this modification has been […]
Tags: CC 226, Evidence and Witnesses
