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F 17.90 n1 Post-trial Instructions: No Judicial Comment On Verdict Or Mistrial — Judge Must Not Commend Or Criticize Verdict.
“At the conclusion of a trial, or upon declaring a mistrial for failure of a jury to reach a verdict, it is appropriate for the trial judge to thank jurors for their public service, but the judge’s comments should not include praise or criticism of the verdict or the failure to reach a verdict.” (Appendix to Calif. Rules of Court, Div. I, § 14 (1999).)
Canon 3 (10) of the Calif. Code of Judicial Ethics adopted by the Supreme Court January 15, 1996, states that: “A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community.” The advisory committee commentary states that the rationale for this rule is to avoid any implication of a judicial expectation in future cases which may impair a juror’s ability to be fair and impartial in a subsequent case. (Ibid.)
F 17.90a
Post-trial Instructions: Jurors’ Acceptance Of Payment
For Supplying Information
Before [, and within ninety days of,] your discharge as a juror in this matter, you must not request, accept, agree to accept, or discuss with any person, receiving or accepting, any payment or benefit in consideration for supplying any information concerning the trial.
You must promptly report to the court any incident within your knowledge involving an attempt by any person to improperly influence any member of this jury.
Points and Authorities
The above instruction is required to be given prior to trial by PC 1122(a) and PC 1122(b). (See CJ 0.50.) However, it is also appropriate to be given at the end of the trial.
Numbering Note: Since CALJIC does not provide any post-trial instructions FORECITE has designated F 17.90 et. seq. as the reference number for post-trial instructions.
F 17.90b
Post-trial Instructions: Admonition Regarding Media Coverage
There has been a lot of media coverage of this trial. Now that the trial is over, reporters for the press and other media may want to interview you. They have a right, backed by the Constitution, to try to question any or all of you. Each of you, however, are free to choose whether or not to answer questions. You have all performed your duty as jurors and are free to return to the privacy of your own lives. You may decline to be interviewed, answer “no comment” to individual questions, or stop an interview at any time.
Points and Authorities
The above instruction regarding media coverage is taken from an article in ABA Criminal Justice Magazine discussing how the court can prepare jurors to meet the press. (Arthur Murray and Christine Kellett, Meet the Press: How the Court Can Prepare Jurors, ABA Criminal Justice Magazine (Winter 1996) p. 8.)
Numbering Note: CALJIC provides no instructions regarding matters after the trial is over, with the exception of a brief passage in the pre-trial admonition. (See CJ 0.50.) Therefore, FORECITE has designated numbering for post-trial instructions as F 17.90 et seq.
