Revision of CC Instruction re: Independent Research
May 30th, 2014


The February, 2012, revision of CC 101 modified the section in the second to last paragraph emphasizing to the jury that “it may not use any form of research or communication. . ..” The February, 2012, revision also added in brackets the section in the second to last paragraph telling jurors that if they violate the rule barring research or communication, they “may be subject to jail time, a fine, or other punishment.” The CC Committee explained that in 2011 legislation was enacted amending CCP § 1209(a) to define contempt of court to include “[w]illful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research.” The Committee explained that the 2012 revision was made to “admonish jurors not to violate the prohibitions on communications and research, including prohibitions on electronic communications and research. Optional bracketed language, to be used in the court’s discretion, admonishes further that violations may result in jurors being held in contempt of court.” (Fn. 7–Advisory Committee on Criminal Jury Instructions, Report to the Judicial Council for meeting of February 28, 2012, pp. 2-3.)

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