SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES
F 704 special circumstances: circumstantial evidence—sufficiency
TABLE OF CONTENTS
F 704.1 Titles And Identification Of Parties
F 704.1 Inst 1 Special Circumstances: Circumstantial Evidence—Sufficiency—Title
F 704.1 Inst 2 Identification Of Prosecution And Defendant
F 704.2 Instructions
F 704.2 Inst 1 Special Circumstances: Circumstantial Evidence—Miscellaneous Issues And Instructions
F 704.2 Inst 2 Improper To Define Burden Of Proof In Terms Of Being Convinced Or Satisfied
F 704 NOTES
F 704 Note 1 Special Circumstances: Circumstantial Evidence—Sufficiency—CALCRIM Cross References And Research Notes
F 704 Note 2 Special Circumstances: Circumstantial Evidence
Return to Series 700 Table of Contents.
F 704.1 Titles And Identification Of Parties
F 704.1 Inst 1 Special Circumstances: Circumstantial Evidence—Sufficiency—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 704.1 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 704.2 Instructions
F 704.2 Inst 1 Special Circumstances: Circumstantial Evidence—Miscellaneous Issues And Instructions
See FORECITE F 224 [Circumstantial Evidence: Sufficiency of Evidence].
F 704.2 Inst 2 Improper To Define Burden Of Proof In Terms Of Being Convinced Or Satisfied
*Modify CC 704, paragraph 1 as follows [added language is underlined; deleted language is stricken]:
Before you may rely on circumstantial evidence to conclude that a special circumstance allegation is true, you must be convinced find that the People have proved each fact essential to that conclusion beyond a reasonable doubt.
*Modify paragraph 2, sentence 1, as follows:
Also, before you may rely on circumstantial evidence to find that a special circumstance allegation is true, you must be convinced find that the only reasonable conclusion supported by the circumstantial evidence is that the special circumstance allegation is true.
Points and Authorities
See FORECITE F 224 Inst 5.
F 704 Note 1 Special Circumstances: Circumstantial Evidence—Sufficiency—CALCRIM Cross References And Research Notes
CALCRIM Cross-References:
CALCRIM 224 [Circumstantial Evidence: Sufficiency of Evidence]
Research Notes:
See CLARAWEB Forum, Homicide—Series 500-700.
F 704 Note 2 Special Circumstances: Circumstantial Evidence
For potential challenges to the circumstantial evidence instructions see generally FORECITE F 224 and FORECITE F 225.
CALJIC NOTE: See FORECITE F 8.83 n1.
