Instructions Must Not Interfere with Jurors’ Ability to Consider Their Personal Religious, Philosophical, and Secular Normative Values During Penalty Deliberation
July 8th, 2019
During the penalty instructions in People v. Gomez (Ruben P.) (2018) 6 Cal.5th 243 the judge said that jurors “are sometime tempted in this phase of the case to refer to biblical references. Don’t bring the Bible and, don’t refer to those.” The CSC concluded that it is not improper for jurors to consider their […]
Tags: Death Penalty
CC 362 Not Erroneous But “Can Be Improved”
July 3rd, 2019
In People v. Burton (2018) 29 Cal.App.5th 917 the defense contended that the “false statements” jury instruction (CC 362) created an impermissible inference that Burton committed first degree murder versus a lesser offense. Burton argued the CC 362’s reference to the “charged crime” undermined any claim that the defendant may have felt a consciousness of […]
Tags: CC 362, Consciousness of Guilt, False Statements
More Proposed CALCRIM Revisions — To Be Effective 9/24/19
July 1st, 2019
Per an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01 — revisions to the following CALCRIM instructions and/or the accompanying commentary have been proposed to be effective 9/24/19. See https://www.courts.ca.gov/documents/calcrim-2019-01.pdf) Instruction Number Instruction Title 101 & 200 Cautionary Admonitions; Duties of Judge and Jury 252 & 1128 Union […]
CALCRIM Revisions
June 28th, 2019
Effective March 15, 2019 the Judicial Council approved for publication revisions to the following CALCRIM instructions which were published in the March 2019 edition of the Judicial Council of California Criminal Jury Instructions. Instruction Number Instruction Title 104, 202, 222 Evidence, Note-Taking and Read Back of Evidence 301, 334, 335 Single […]
Tags: CALCRIM Revisions, CC 104, CC 1145, CC 1161, CC 1162, CC 1244, CC 1650, CC 1900, CC 1901, CC 1902, CC 1904, CC 1905, CC 1930, CC 1932, CC 1935, CC 202, CC 2140, CC 222, CC 2300, CC 2500, CC 2530, CC 2962, CC 301, CC 3181, CC 335, CC 3412, CC 3413, CC 3426, CC 3454, CC 520, CC 625, CC 707, CC 708, CC 984
Proposed Changes to Statutory Authority Re: CALCRIM Oral Copulation Instructions, Effective 9/24/19
June 26th, 2019
Per an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01) the statutory authority for the following instructions on oral copulation is to be changed from Penal Code section 288a to Penal Code section 287. (The proposed effective date of the changes is 9/24/19.) 123 Witness Identified as John or Jane Doe 208 Witness Identified as John […]
Tags: CC 1016, CC 1017, CC 1018, CC 1019, CC 1020, CC 1021, CC 1022, CC 1070, CC 1080, CC 1081, CC 1082, CC 1090, CC 1091, CC 1123, CC 1203, CC 123, CC 208, CC 810, CC 890, CC1015, Oral Copulation
Is Accomplice Testimony “Exonerating” When It Tends to Incriminate the Defendant of Lesser Offense?
June 18th, 2019
CC 334 instructs that accomplice testimony requires corroboration before the jury may accept it as true. However, the defense may want to consider requesting modification of CC 334 when the defendant’s statements serve to show his guilt of a lesser offense than the charged offense. (See e.g., sample below.) Statements which mitigate or lessen the […]
Tags: CC 301, CC 334, CC 335, Sample Instructions
CALCRIM Proposes Changes to Felony Murder/Accomplice Instructions Per SB 1437 to Be Effective September 24, 2019
June 14th, 2019
The proposed modifications are summarized in an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01). The proposed effective date of the changes is 9/24/19. CALCRIM summarizes the proposed felony murder/accomplice changes as follows: Senate Bill No. 1437 (2017-2018 Reg. Sess.) substantially changed accomplice liability for felony murder. Malice may no longer be imputed simply from […]
Tags: CALCRIM Revisions, CC 402, CC 403, CC 540A, CC 540B, CC 540C, CC 541A, CC 541B, CC 541C, Felony Murder
Can a Judge Properly Encourage Juror Notetaking?
June 12th, 2019
The practice of jury notetaking is approved by Penal Code § 1137, but the CSC has cautioned that notetaking creates risks that: More significance will be placed by the jurors on their notes than on their own independent recollection. Notetaking may accentuate irrelevancies and ignore more substantial issues and evidence. Notes could unduly influence […]
Tags: CC 102
When Is Instruction on Defendant’s Oral Statements Required Sua Sponte?
June 10th, 2019
People v. Johnson (Cedric) (2018) 6 Cal.5th 541 addressed the issue of whether the judge must sua sponte instruct regarding the defendant’s oral statements as follows: “Until recently, we had imposed on trial courts a sua sponte duty to instruct the jury that a defendant’s oral admissions should be viewed with caution. [CALJIC No. 2.71.7; […]
Tags: CC 358
Should Defendant’s Statements Which Show Guilt of Lesser Offense Be Viewed with Caution?
June 7th, 2019
In People v. Powell (2018) 6 Cal. 5th 136; 169 the defendant contended that the cautionary instruction regarding the defendant’s out of court oral admissions (CJ 2.71.7) “pertains only to statements harmful to the defense.” The CSC apparently agreed that the instruction does not apply to exculpatory statements: “[T]his instruction properly applies to ‘any extrajudicial […]
Tags: Cautionary and Limiting Instructions, CC 358, Lesser Included Offenses, Lesser Related Offenses, Sample Instructions
