SERIES 400 AIDING AND ABETTING, INCHOATE, AND ACCESSORIAL CRIMES
F 402.1 NATURAL AND PROBABLE CONSEQUENCES-TITLE AND IDENTIFICATION OF PARTIES
F 402.2 NATURAL AND PROBABLE CONSEQUENCES—TAILORING TO FACTS: PERSONS, PLACES, THINGS AND THEORIES [RESERVED]
F 402.3 NATURAL AND PROBABLE CONSEQUENCES—LANGUAGE THAT IS ARGUMENTATIVE, CONFUSING, ETC.
F 402.4 NATURAL AND PROBABLE CONSEQUENCES—BURDEN OF PROOF ISSUES
TABLE OF CONTENTS
F 402.1 NATURAL AND PROBABLE CONSEQUENCES—TITLE AND IDENTIFICATION OF PARTIES
F 402.1 Inst 1 Natural And Probable Consequences—Title
F 402.1 Inst 2 Identification Of Prosecution And Defendant
F 402.2 NATURAL AND PROBABLE CONSEQUENCES—TAILORING TO FACTS: PERSONS, PLACES, THINGS AND THEORIES [RESERVED]
F 402.3 NATURAL AND PROBABLE CONSEQUENCES—LANGUAGE THAT IS ARGUMENTATIVE, CONFUSING, ETC.
F 402.3 Inst 1 Jurors Not Required To Decide Guilt
F 402.4 NATURAL AND PROBABLE CONSEQUENCES—BURDEN OF PROOF ISSUES
F 402.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 402.4 Inst 2 Circumstance Need Not Be "Established By The Evidence" To Be Considered
Return to Series 400 Table of Contents.
F 402.1 Natural and Probable Consequences—Title And Identification Of Parties
F 402.1 Inst 1 Natural and Probable Consequences—Title
See generally FORECITE F 200.1.2 Note 2; CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 402.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1 and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 402.2 Natural and Probable Consequences—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 402.3 Natural and Probable Consequences—Language That Is Argumentative, Confusing, Etc.
F 402.3 Inst 1 Jurors Not Required To Decide Guilt
*Modify CC 402, paragraph 2, as follows [added language is underlined]:
You must first decide, if you can, whether the defendant is guilty of __________ <insert target offense>. If you find the defendant is guilty of this crime, you must then decide, if you can, whether [he] [she] is guilty of __________ <insert non-target offense>.
Points and Authorities
See FORECITE F 100.7 Inst 1.
F 402.4 Natural and Probable Consequences—Burden Of Proof Issues
F 402.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 402.4 Inst 2 Circumstance Need Not Be "Established By The Evidence" To Be Considered
Alternative a:
*Modify CC 402, paragraph 5, sentence 2 as follows [added language is underlined; deleted language is stricken]:
In deciding attempting to decide whether a consequence is natural and probable, consider all of the circumstances established by the evidence.
Alternative b:
In deciding attempting to decide whether a consequence is natural and probable, consider all of the circumstances established by the evidence.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request. [See CALCRIM Motion Bank # CCM-001.]
Defendant Has No Obligation To "Establish" Circumstances—Requiring a circumstance to be "established by the evidence" before the jurors may consider it improperly shifts the burden of proof as to circumstances relied upon by the defense. (See FORECITE F 100.1 Inst 1; see also F 404.2 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 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.2 [Defendant Has No Burden To Prove Defense Theory Which Negates Element Of Charge]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
