CALJIC HISTORY
(CJHIST10)
COMPENDIUM OF CALJIC REVISIONS IN THE JANUARY 2005 EDITION
ABOUT FORECITE’S CALJIC HISTORY SERVICE
What is FORECITE’s CJ History? FORECITE tracks and records changes to the CJ instructions, notes or comments made in the CJ pocket parts and revised editions.
Why keep track of the CJ changes? Rarely do the CJ materials retain any record of what changes have been made to the instructions or why those changes were made. This information can be crucial because often the new or modified instructions are incorrect or incomplete and reference to the old instruction may be necessary. On the other hand, revision of an old instruction may indicate that the old instruction was defective or incomplete. By identifying these potential issues and retaining a record of the CJ changes FORECITE enables the practitioner to preserve issues which might otherwise be forever lost.
How about changes prior to the January 2005 edition? Changes made prior to the January 2005 edition can be found in the Powerdesk electronic version. This includes changes which were made in the 6th and 7th editions, as well as all Pocket Part revisions made since July 1997.
JANUARY 2005 EDITION MODIFICATIONS
Added language is capitalized and underlined. Deleted language is between << >> and lined out.
CJ 2.13.1 PRIOR INCONSISTENT STATEMENT OF DEFENDANT IN VIOLATION OF MIRANDA V. ARIZONA
COMMENT REVISION: Deleted 2nd and 3rd paragraph concerning split in authority on whether instruction must be given sua sponte and inadvertent failure to request the instruction. Added current 2nd paragraph and reference to People v. Coffman (2004) 34 C4th 1.
CJ 2.50 EVIDENCE OF OTHER CRIMES
INSTRUCTION REVISION: Modified first paragraph as follows [added language is capitalized; deleted language is between << >>]:
[Evidence has been introduced for the purpose of showing that the defendant committed [a crime] [crimes] other than that for which [he] [she] is on trial[.] [;] [AND [IN ADDITION] EVIDENCE HAS BEEN INTRODUCED FOR THE PURPOSE OF SHOWING CRIMINAL STREET GANG ACTIVITIES, AND OF CRIMINAL ACTS BY GANG MEMBERS, OTHER THAN THE CRIME[S] FOR WHICH DEFENDANT[S] [IS] [ARE] ON TRIAL.]
Added 12th paragraph concerning criminal street gangs.
USE NOTE REVISION: Added Use Note concerning the above changes and reference to People v. Hernandez (2004) 33 C4th 1040.
CJ 2.50.02 EVIDENCE OF OTHER DOMESTIC VIOLENCE (EC 1109)
INSTRUCTION REVISION: Modified former paragraph 2 by moving definition of “cohabitant” to current paragraph 12. Added paragraphs 3 through 11 defining “domestic violence.”
USE NOTE REVISION: Added Use Note concerning legislative changes to EC 1107, expanding the meaning of “domestic violence.”
CJ 2.90 PRESUMPTION OF INNOCENCE–REASONABLE DOUBT–BURDEN OF PROOF
USE NOTE REVISION: Deleted first two paragraphs of Use Note re: People v. Soldavini (1941) 45 CA2d 460 and People v. Sandoval (1970) 9 CA3d 885. Added references to People v. Johnson (2004) 115 CA4th 1169 and People v. Johnson (2004) 119 CA4th 976 to third paragraph. Deleted reference to Appendix B.
CJ 7.20 PERJURY UNDER “OATH” – DEFINED (PC 118)
INSTRUCTION REVISION: Modified third paragraph as follows [added language is capitalized; deleted language is between << >>]:
A false statement is material if [it could PROBABLY influence the outcome of the proceedings in which it is uttered. Whether it actually had that effect is irrelevant.]
COMMENT REVISION: Added Comment re: 2005 revision and reference to People v. Rubio (2004) 121 CA4th 927.
CJ 7.21 PERJURY UNDER “PENALTY OF PERJURY” – DEFINED (PC 118)
INSTRUCTION REVISION: Modified third paragraph as follows [added language is capitalized; deleted language is between << >>]:
A false statement is material if [it could PROBABLY influence the outcome of the proceedings in which it is uttered. Whether it actually had that effect is irrelevant.]
CJ 7.21.1 PERJURY BY AFFIDAVIT (PC 118a)
INSTRUCTION REVISION: Modified third paragraph as follows [added language is capitalized; deleted language is between << >>]:
A false statement is material if [it could PROBABLY influence the outcome of the proceedings in which it is uttered, or where it would be evidence. Whether it actually had that effect is irrelevant. [____________.]
COMMENT REVISION: Added Comment re: 2005 revision and reference to People v. Rubio (2004) 121 CA4th 927.
CJ 8.12 MURDER –KILLER OTHER THAN PERPETRATOR OF UNDERLYING CRIME (PC 187, 189)
COMMENT REVISION: Added last paragraph re: conscious disregard for human life and reference to People v. Lima (2004) 118 CA4th 259.
CJ 8.21 FIRST DEGREE FELONY-MURDER (PC 189)
INSTRUCTION REVISION: Modified first paragraph as follows [added language is capitalized; deleted language is between << >>]:
The unlawful killing of a human being, whether intentional, unintentional or accidental, which occurs [during the commission or attempted commission of the crime] [as a direct causal result] of _____(felony)_____ is murder of the first degree when the perpetrator had the specific intent to commit that crime.
Added third paragraph.
COMMENT REVISION: Added first paragraph re: 2005 revision re: deletion of “direct causal result.”
CJ 8.25.1 DRIVE-BY MURDER (PC 189)
INSTRUCTION REVISION: Added the three essential elements of drive-by murder.
COMMENT REVISION: Added second and third paragraphs and reference to People v. Chavez (2004) 118 CA4th 379.
CJ 8.27 FIRST DEGREE FELONY-MURDER – AIDER AND ABETTOR (PC 189)
INSTRUCTION REVISION: Added second paragraph re: causal and temporal relationship between underlying felony and resulting death.
USE NOTE REVISION: Added Use Note re: second paragraph.
COMMENT REVISION: Added first paragraph and reference to People v. Cavitt (2004) 33 C4th 187.
CJ 8.31 SECOND DEGREE MURDER – KILLING RESULTING FROM UNLAWFUL ACT DANGEROUS TO LIFE
COMMENT REVISION: Added last paragraph and reference to People v. Vanegas (2004) 115 CA4th 592 re: violations of basic speed law.
CJ 8.32 SECOND DEGREE FELONY-MURDER (PC 189)
INSTRUCTION REVISION: Modified first paragraph as follows [added language is capitalized; deleted language is between << >>]:
The unlawful killing of a human being, whether intentional, unintentional or accidental, which occurs [during the commission or attempted commission of] [as the direct causal result of] the COMMISSION [OR ATTEMPTED COMMISSION] OF THE crime of ________ is murder of the second degree when the perpetrator had the specific intent to commit that crime.
USE NOTE REVISION: Deleted fifth paragraph and reference to People v. Alvarez (1996) 14 C4th 155, 222; added February 23, 2005 reference to CJ 3.40 [“cause”] and CJ 3.41 [“concurrent cause”].
COMMENT REVISION: Added first paragraph re: 2005 revision.
CJ 8.42 SUDDEN QUARREL OR HEAT OF PASSION AND PROVOCATION EXPLAINED (PC 192(a))
COMMENT REVISION: Added last paragraph and reference to People v. Johnston (2003) 113 CA4th 1299, 1303.
CJ 8.81.18 SPECIAL CIRCUMSTANCES – MURDER INVOLVING INFLICTION OF TORTURE (PC 190.2(a)(18))
INSTRUCTION REVISION: Modified third paragraph as follows [added language is capitalized; deleted language is between << >>]:
2. [The] [A] defendant intended to inflict extreme cruel physical pain and suffering upon a living human being for the purpose of revenge, extortion, persuasion or for any sadistic purpose[.] [; and
COMMENT REVISION: Added first paragraph re: 2005 revision and reference to People v. Petznick (2003) 114 CA4th 663, 686.
CJ 8.90 VEHICULAR MANSLAUGHTER [WITH GROSS NEGLIGENCE] NOT INVOLVING DRUGS OR ALCOHOL (PC 192(c)(1) & (2))
COMMENT REVISION: Added last paragraph and reference to People v. Vanegas (2004) 115 CA4th 592 re: violations of basic speed law.
CJ 8.93 [GROSS] VEHICULAR MANSLAUGHTER WHILE INTOXICATED (PC 191.5(a) & PC 192(c)(3))
COMMENT REVISION: Added last paragraph and reference to People v. Vanegas (2004) 115 CA4th 592 re: violations of basic speed law.
CJ 9.35 SPOUSE OR COHABITANT BEATING (PC 273.5(a))
COMMENT REVISION: Added last paragraph and reference to People v. Taylor (2004) 118 CA4th 11, 19.
CJ 9.35.1 CAUTIONARY INSTRUCTION – BATTERED WOMEN’S SYNDROME (EC 1107)
INSTRUCTION REVISION: Added seventh paragraph. Modified eighth paragraph, third sentence, as follows [added language is capitalized; deleted language is between << >>]:
An act WHICH appears to be an unreasonable response is not necessarily an act that is reasonable under the circumstances.]].
USE NOTE REVISION: Added first paragraph re: 2005 revision and reference to People v. Marlow (2004) 34 C4th 131.
CJ 9.40 ROBBERY (PC 211)
COMMENT REVISION: Added last paragraph and reference to Miller v. Superior Court (2004) 115 CA4th 216.
CJ 9.50 KIDNAPPING – NO OTHER UNDERLYING CRIME (PC 207(a))
INSTRUCTION REVISION: Added fourth paragraph re: implicit threat of arrest.
COMMENT REVISION: Added last paragraph re: fourth paragraph and reference to People v. Majors (20040) 33 C4th 321.
CJ 9.94 CRIMINAL THREATS (PC 422)
COMMENT REVISION: Deleted fourth paragraph and reference to People v. Brown (1993) 20 CA4th 1251. Added fifth paragraph and reference to People v. Bolin (1998) 18 C4th 297, 338. Last paragraph, deleted reference to People v. Toledo (2001) 26 C4th 221.
CJ 10.10 UNLAWFUL ORAL COPULATION BY FORCE OR THREATS (PC 288a(c)[(2)] [(3)]
INSTRUCTION REVISION: Modified sixth paragraph, first sentence, as follows [added language is capitalized; deleted language is between << >>]:
[“Duress” means a direct or implied threat of force, violence, danger, HARDSHIP, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which [she] [he] would not otherwise have performed, or acquiesce in an act to which [she] [he] otherwise would not have submitted.
USE NOTE REVISION: Added reference to PC 261(c) [definition of “menace”]; deleted reference to People v. Valentine (2001) 93 CA4th 1241; added reference to People v. Leal (2004) 33 C4th 999 and People v. Pitmon (1985) 170 CA3d 38, 50 re: definition of “duress.”
COMMENT REVISION: Added reference to People v. Griffin (2004) 22 C4th 1015 re: definition of “force.”
CJ 10.20 UNLAWFUL SODOMY BY FORCE OR THREATS (PC 286(c)[(2)][(3)]
INSTRUCTION REVISION: Added former fourth paragraph to third paragraph. Modified sixth paragraph, first sentence, as follows [added language is capitalized; deleted language is between << >>]:
[“Duress” means a direct or implied threat of force, violence, danger, [HARDSHIP,] or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which [she] [he] would not otherwise have performed, or acquiesce in an act to which [she] [he] otherwise would not have submitted.
USE NOTE REVISION: Added reference to PC 261(c) [definition of “menace”]; added reference to People v. Leal (2004) 33 C4th 999 and People v. Pitmon (1985) 170 CA3d 38, 50 re: definition of “duress.”
CJ 10.30 FORCIBLE ACTS OF SEXUAL PENETRATION – FORCE OR THREATS (PC 289(a)[(1)][(2)]
INSTRUCTION REVISION: Modified eleventh paragraph, first sentence, as follows [added language is capitalized; deleted language is between << >>]:
[“Duress” means a direct or implied threat of force, violence, danger, HARDSHIP, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which [she] [he] would not otherwise have performed, or acquiesce in an act to which [she] [he] otherwise would not have submitted.
USE NOTE REVISION: Added reference to PC 261(c) [definition of “menace”]; deleted reference to People v. Valentine (2001) 93 CA4th 1241; added reference to People v. Leal (2004) 33 C4th 999 and People v. Pitmon (1985) 170 CA3d 38, 50 re: definition of “duress.”
CJ 10.38 FELONY INDECENT EXPOSURE (PC 314(1))
COMMENT REVISION: Added reference to People v. Carbajal (2003) 114 CA4th 978.
CJ 10.42 LEWD ACT WITH A CHILD UNDER FOURTEEN YEARS – FORCE OR FEAR (PC 288(b)(1))
INSTRUCTION REVISION: Deleted brackets around “hardship”in sixth paragraph concerning duress.
USE NOTE REVISION: Deleted reference to People v. Valentine (2001) 93 CA4th 1241; added reference to People v. Leal (2004) 33 C4th 999 and People v. Pitmon (1985) 170 CA3d 38, 50 re: definition of “duress.”
CJ 10.57 ANNOYING OR MOLESTING CHILDREN (PC 647.6(b), (c)(1), (c)(2))
COMMENT REVISION: Added reference to People v. Mendoza (2004) 118 CA4th 571.
CJ 12.52 UNLAWFUL POSSESSION OF CONTROLLED SUBSTANCE WHILE ARMED WITH A FIREARM (HS 11370.1)
INSTRUCTION REVISION: NOTE: this instruction was revised in 2005, but the title does not reflect this fact. Modified third paragraph as follows [added language is capitalized; deleted language is between << >>]:
“Armed with” means having KNOWINGLY TO CARRY A FIREARM OR HAVE IT available for immediate offensive or defensive use.
COMMENT REVISION: Added reference to People v. Singh (2004) 119 CA4th 905.
CJ 14.50 BURGLARY – DEFINED (PC 459)
COMMENT REVISION: Added reference to People v. Richardson (2004) 117 CA4th 570.
CJ 14.81 AGGRAVATED ARSON (PC 451.5)
INSTRUCTION REVISION: NOTE: this instruction was revised in 2005, but the title does not reflect this fact. Modified second paragraph and Element 4 to add $5,650,000.00.
USE NOTE REVISION: Added Use Note concerning 2004 legislation.
CJ 14.88 UNLAWFUL POSSESSION OF FLAMMABLE, EXPLOSIVE, OR COMBUSTIBLE MATERIAL OR DEVICE (PC 453(a))
USE NOTE REVISION: Added reference to People v. Morse (2004) 116 CA4th 1160.
CJ 16.010 SELLING LIQUOR TO PERSON UNDER 21 (BP 25658(a), (d))
COMMENT REVISION: Added reference to In re Jennings (2004) 34 C4th 254 [BP 25658(a) is a strict liability offense]. Note typographical error in last paragraph. The correct citation re: § 25658(a) should be to the Business and Professions Code.
CJ 16.012 RELIANCE ON PROOF OF MAJORITY (BP 25660)
COMMENT REVISION: Added reference to In re Jennings (2004) 34 C4th 254.
CJ 16.013 PURCHASE OF LIQUOR FOR MINOR, RESULTING IN GREAT BODILY INJURY (BP 25658(c))
INSTRUCTION REVISION: Modified second paragraph as follows [added language is capitalized; deleted language is between << >>]:
Every person who violates Business and Professions Code § 23658, subdivision (a) by [UNLAWFULLY] purchasing an alcoholic beverage for a person under the age of 21 years and the person under the age of 21 years thereafter consumes the alcohol and thereby [proximately] causes great bodily injury or death to himself, herself, or any other person, is guilty of a violation of Business and Professions Code § 25658, subdivision (c), a misdemeanor.
Modified Element 1 as follows:
A person violated Business and Professions Code § 25658, subdivision (a) by [UNLAWFULLY] purchasing an alcoholic beverage for a person under the age of 21 years;
USE NOTE REVISION: Added last paragraph re: “unlawfully.”
CJ 16.013.1 NEW INSTRUCTION – MISTAKE OF FACT AS TO AGE (BP 15656(c))
CJ 16.220 INDECENT EXPOSURE (PC 314(1))
COMMENT REVISION: Added reference to People v. Carbajal (2003) 114 CA4th 978.
CJ 17.16 PERSONAL USE OF DANGEROUS/DEADLY WEAPON (PC 12022(b)(1), (2))
COMMENT REVISION: Added reference to People v. Blake (2004) 117 CA4th 543 [re: tear gas, mace or pepper spray].
CJ 17.24.3 NEW INSTRUCTION – EVIDENCE OF GANG ACTIVITY – LIMITING INSTRUCTION
CJ 17.54 NEW INSTRUCTION – ELECTRONIC COMMUNICATION DEVICES –PROHIBITION
NEW – APPENDIX E – CALJIC MASTER LIST
