SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 732 Special Circumstances: Murder in Commission of Felony—Arson With Intent to Kill, PC 190.2(a)(17)
TABLE OF CONTENTS
F 730.1 Titles And Identification Of Parties
F 730.1 Inst 1 Special Circumstances: Murder in Commission of Felony—Title
F 730.1 Inst 2 Identification Of Prosecution And Defendant
F 730.2 Instructions
F 732.2 Inst 1 Natural And Probably: Constructive Knowledge Governed By Reasonable Person Standard
F 732.2 Inst 2 Juror Consideration Of Circumstances Should Not Be Limited To Those “Established By The Evidence”
F 732.2 Inst 3 Special Circumstance: Arson Felony Murder—Modification Of Burden Shifting Language
F 732.2 Inst 4 Arson Felony Murder: Specification Of Person Killed
F 732.2 Inst 5 Arson Felony Murder: Concurrence Of Act And Intent To Kill
F 732.2 Inst 6 Deletion Of Duplicative And Argumentative Language
F 732.2 Inst 7 Linking Special Circumstance To the Murder To Which It Relates
Return to Series 700 Table of Contents.
F 732.1 Titles And Identification Of Parties
F 732.1 Inst 1 Special Circumstances: Murder In Commission Of Felony—Arson With Intent To Kill—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 732.1 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 732.2 Special Circumstances: Murder In Commission Of Felony—Arson With Intent To Kill—Tailoring To Facts: Persons, Places, Things And Theories
F 732.2 Inst 1 Natural And Probable: Constructive Knowledge Governed By Reasonable Person Standard
Alternative a:
*Modify CC 732, paragraph 4, sentence 2 as follows [added language is underlined]:
A natural and probable consequence is one that a reasonable person in the defendant’s situation, in light of the circumstances as they were known to and appeared to the defendant, would know is likely to happen if nothing unusual intervenes.
Alternative b:
*Add to CC 732, paragraph 4 [CC 505 Format]:
When deciding, if you can, whether the defendant would have known that the death of _______________ <name of decedent> was likely to happen as a result of the defendant’s act[s], consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have known.
Points and Authorities
See CALCRIM 505, paragraph 3; see also FORECITE F 402.5 Inst 1.
Use Of The Term “Defendant“—The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term “defendant“ in this instructional request, the defense does not withdraw the request.
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 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 732.2 Inst 2 Juror Consideration Of Circumstances Should Not Be Limited To Those “Established By The Evidence“
*Modify CC 732, paragraph 4, sentence 3, as follows [added language is underlined; deleted language is stricken]:
In deciding, if you can, whether a consequence is natural and probable, consider all 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.]
“Established By The Evidence“ Improperly Shifts The Burden—See FORECITE F 402.4 Inst 2.
Decide “If You Can“—See FORECITE F 100.7 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 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 732.2 Inst 3 Special Circumstance: Arson Felony Murder—Modification Of Burden Shifting Language
*Modify CC 731, Element 3, as follows [added language is underlined; deleted language is stricken]:
[3. If any juror has a reasonable doubt that the defendant did not personally committed [or attempted to commit] arson, then another perpetrator, (whom the defendant was aiding and abetting/ [or] with whom the defendant conspired), personally committed [or attempted to commit] arson that burned an inhabited structure;]
Points and Authorities
See FORECITE 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 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 732.2 Inst 4 Arson Felony Murder: Specification Of Person Killed
*Modify CC 732, Elements 3/4 and 4/5 as follows [added language is underlined; deleted language is stricken]:
(3/4). The commission [or attempted commission] of the arson was a substantial factor in causing the death of another person _______________ <insert name of decedent>;
(4/5). The defendant intended that the other person _______________ <insert name of decedent> be killed;
Points and Authorities
See FORECITE F 820.2 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 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 732.2 Inst 5 Arson Felony Murder: Concurrence Of Act And Intent To Kill
*Modify Element 4/5 as follows [added language is underlined; deleted language is stricken]:
(4/5). The defendant intended that the other person _______________ <insert name of decedent> be killed when he committed the act[s] alleged as the basis for the arson charge;
Points and Authorities
See FORECITE F 251 Inst 3.
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 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 732.2 Inst 6 Deletion Of Duplicative And Argumentative Language
*Modify CC 732, paragraph 6 as follows:
[DELETE PARAGRAPH 6]
Points and Authorities
See FORECITE F 731.2 Inst 4.
F 732.2 Inst 7 Linking Special Circumstance To the Murder To Which It Relates
See FORECITE F 720.2 Inst 1.
