Further Instructions During Deliberations
February 1st, 2014


As explained by the CC Committee:


This committee drafted [CC 3351], Further Instruction About Deliberations, at the suggestion of two council members who are former CC committee members, Judge Mary Ann O’Malley of Contra Costa County and Judge Terri Jackson of San Francisco. The judges expressed concern that without a CC instruction to give to deadlocked juries, the courts will be forced to either improvise or simply repeat the lengthy admonition approved in People v. Moore (2001) 96 Cal. App. 4th 1105, 1118. The committee took care to avoid the pitfalls mentioned in People v. Gainer (1977) 19 Cal. 3d 835, 842, such as singling out minority jurors or admonishing them that “the case must at some time be decided.” (Advisory Committee on Criminal Jury Instructions, Report to the Judicial Council for meeting of February 28, 2012, pp. 3-4.)

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