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SERIES 100 PRETRIAL INSTRUCTIONS—CONTENTS

A. General Instructions (100-106)

  • F 100 Trial Process (Before or During Voir Dire) (Case Law Discussing This Instruction)
  • F 100.1 Miscellaneous
    • F 100.1 Inst 1 (a-d) Defense Has No Obligation To Prove Anything
    • F 100.1 Inst 2 Jurors Must Follow All Instructions Given Before, During and At End of Trial
    • F 100.1 Inst 3 Evidence Not Limited To Testimony And Exhibits
    • F 100.1 Inst 4 Definition Of Instruction
    • F 100.1 Inst 5 Jurors Need Only Follow Instructions Which They Find Applicable To The Case
  • F 100.2 Identification Of Parties
    • F 100.2 Inst 1 Propriety Of Referring To The Prosecution As “The People”
    • F 100.2 Inst 2 Propriety Of Capitalizing “People”
    • F 100.2 Inst 3 Improper To Refer To The Accused As “The Defendant”
    • F 100.2 Note 1 Objection To CALCRIM’s Identification Of Parties
  • F 100.3 Self-Representation
    • F 100.3 Inst 1 (a-c) Self Representation Instructions
    • F 100.3 Note 1 Self-Representation: Waiver Must Be Obtained At Time Defendant Is Bound Over For Trial In Superior Court
    • F 100.3 Note 2 Self-Representation: Right To Advisory Counsel In Non-Capital Cases
    • F 100.3 Note 3 Self-Representation On Appeal: Denial Of Access To Law Library Not Sufficient Basis For Denial
    • F 100.3 Note 4 Self-Representation: Advising Accused As To Privilege Against Self-Incrimination
    • F 100.3 Note 5 Self-Representation: Failure To Allow Defendant To Proceed Pro Per As Reversible Error
    • F 100.3 Note 6 Self-Representation: Mental Competency Of Defendant
    • F 100.3 Note 7 Self-Representation: Waiver Must Be Knowing And Voluntary
    • F 100.3 Note 8 Self-Representation: Applicability To Penalty Phase Of Death Penalty Trial
    • F 100.3 Note 9 Self-Representation: Termination Or Revocation For Out-Of-Court Conduct
    • F 100.3 Note 10 Courtroom Security: Self-Representation—Exclusion Of Pro Se Defendant From Sidebar Conferences
    • F 100.3 Note 11 Forfeiture Of Right To Counsel By Misconduct: Due Process Requires Warning
    • F 100.3 Note 12 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Sentencing
    • F 100.3 Note 13 Self-Representation On Appeal
    • F 100.3 Note 14 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Motion For New Trial
  • F 100.4 Opening Statements
    • F 100.4 Inst 1 Opening Statement: What Attorney Will Show Or Not Show
    • F 100.4 Inst 2 Failure Of Prosecutor To Support A Claim Made In The Opening Statement: Cautionary/Limiting Instruction
    • F 100.4 Inst 3 (a & b) Defendant Not Obligated To Make Opening Statement
    • F 100.4 Note 1 Importance Of Opening Statements
    • F 100.4 Note 2 Opening Statements: Strategic Considerations
    • F 100.4 Note 3 Supplementary “Opening” Statements
    • F 100.4 Note 4 Reference To Inadmissible Evidence In Opening Statement As Prosecutorial Misconduct
    • F 100.4 Note 5 Admission Of Client’s Guilt In Opening Statement As Ineffective Assistance Of Counsel
    • F 100.4 Note 6 Opening Statement: Improper For Prosecution To Comment On Anticipated Defense Evidence
  • F 100.5 Closing Arguments
    • F 100.5 Inst 1 Reference To Rebuttal Arguments
    • F 100.5 Inst 2 (a-c) Pretrial Introduction And Definitions: Alternative Instructions
    • F 100.5 Note 1 Prosecutorial Misconduct: Improper Comment On Willingness Of Witness To Testify As Opposed To Defendant
  • F 100.6 Voir Dire Issues And Instructions
    • F 100.6 Inst 1 Curative Admonition During Voir Dire [Reserved]
    • F 100.6 Inst 2 Juror Misconceptions About Parole From Pre-1978 Cases Expressed During Voir Dire [Reserved]
    • F 100.6 Inst 3 Commutation Of LWOP Sentence Is Rarely If Ever Granted [Reserved]
    • F 100.6 Inst 4 “Death Is Worse Than LWOP” [Reserved]
    • F 100.6 Note 1 Opening Argument Before Voir Dire
  • F 100.7 Deliberations
    • F 100.7 Inst 1 Jurors Need Not Reach A Verdict
    • F 100.7 Inst 2 (a-d) Juror Duties: Individual Consideration
  • F 101 Cautionary Admonitions: Jury Conduct (After Jury Is Selected) (Case Law Discussing This Instruction)
  • F 101.1 Miscellaneous
    • F 101.1 Inst 1 Reference To Juror By Number Without Showing Of Good Cause Under CCP 237 (Los Angeles County Procedure)
    • F 101.1 Inst 2 Reference To Juror By Number Based On Showing Of Good Cause Under CCP 237
    • F 101.1 Inst 3 Jurors Do Not Have To Reach A Verdict
    • F 101.1 Inst 4 Admonition Against Consumption Of Alcohol
  • F 101.2 Do Not Talk With Non-Jurors
    • F 101.2 Inst 1 Admonition Not To Talk About The Case Continues So Long As The Person Is A Juror
    • F 101.2 Inst 2 “Plain English” Clarification
    • F 101.2 Inst 3 Duty Not To Converse: Expanded Explanation
    • F 101.2 Inst 4 Deletion Of The Term “Share Information”
  • F 101.3 Do Not Discuss Case With Jurors Until Deliberations [Reserved]
  • F 101.4 Do Not Consider Extra-Judicial Matters
    • F 101.4 Inst 1 No Consideration Of Any Extra-Judicial Matter
    • F 101.4 Inst 2 It Is Unnecessary And Potentially Harmful To Explain Why The Judge’s Admonition Should Be Obeyed
  • F 101.5 Do Not Conduct Research; Do Not View Scene; Do Not Do Any Research
    • F 101.5 Inst 1 (a-c) Jurors Are Not Walking Dictionaries
    • F 101.5 Inst 2 Jurors Not To Consider Anything Accidentally Observed At The Scene
    • F 101.5 Inst 3 Inadvertent View Of Scene Must Be Reported To Judge
  • F 101.6 Do Not Talk With Party, Witness Or Lawyer; Do Not Listen To Anyone
    • F 101.6 Inst 1 Duty To Report Improper Conduct
    • F 101.6 Inst 2 Do Not Speak With Others While A Juror
  • F 101.7 Free To Discuss After Trial; Can’t Sell Information For 90 Days
    • F 101.7 Inst 1 Improper To Inform Jurors About Selling Information
  • F 101.8 Duty To Report Receipt Of Information About The Case
    • F 101.8 Inst 1 “Any Juror” Should Report Juror Misconduct By Written Note To The Judge
    • F 101.8 Inst 2 (a-g) Duty To Report: Juror Who Becomes Aware During Trial Of Matter Affecting Ability To Be Fair And Impartial
  • F 101.9 Definition Of Words And Phrases
    • F 101.9 Inst 1 Walking Dictionary Myth
  • F 101.10 Keep An Open Mind
    • F 101.10 Inst 1 (a & b) Duty To Keep An Open Mind; Jurors Must Not Form Or Express Opinion
    • F 101.10 Inst 2 (a & b) Jurors Must Not Even Attempt To Make Up Their Minds Before Commencement Of Deliberations
    • F 101.10 Inst 3 Jurors Not To Take Cue From Judge As Distinct Principle
    • F 101.10 Inst 4 Jurors Not To Take Cue From Judge Re: Defendant, Counsel
  • F 101.11 Do Not Let Bias, Sympathy, Etc. Influence Your Decision
    • F 101.11 Inst 1 No Bias Or Prejudice: Jurors Not Required To Reach A Decision
    • F 101.11 Inst 2 No Bias Or Prejudice
    • F 101.11 Inst 3 No Bias Against The Disabled
  • F 101 NOTES
    • FF 101 Note 1 Pretrial Admonition
    • F 101 Note 2 Pretrial Discovery Of Prosecution’s Theory Of Culpability And Instructions
    • F 101 Note 3 Whether Audience Seating Arrangement Necessitates Cautionary Instruction
    • F 101 Note 4 Failure To Admonish Jury At Recess
    • F 101 Note 5 Jury View Of Scene: Notes
    • F 101 Note 6 Jury Should Not Be Permitted To Retain Electronic Communication Devices During Trial
    • F 101 Note 7 Juror Experiments During Trial Or Deliberations
    • F 101 Note 8 Personal Expertise Of Juror
  • F 102 Juror Note Taking (Case Law Discussing This Instruction)
    • F 102 Inst 1 Error To Imply That Juror Notes Are Per Se Less Accurate Than Reporter’s
    • F 102 Inst 2 Juror Note Taking: Right To Request Readback
    • F 102 Inst 3 (a & b) Juror Note Taking: Advisement That Argument Of Counsel May Not Be Readback To The Jury
    • F 102 Inst 4 Juror Note Taking: Juror’s Right To Take Notes On Counsel’s Argument
    • F 102 Inst 5 Juror Note Taking: Jury Notes On The Jury Instructions
    • F 102 Inst 6 Juror Note Taking: Confidentiality
  • F 102 NOTES
    • F 102 Note 1 Excessive Note Taking By Juror: Potential Prejudice
    • F 102 Note 2 Juror Note Taking: Destruction Of Notes At End Of Trial
    • F 102 Note 3 Juror Note Taking: Required Upon Request
    • F 102 Note 4 Note-Taking: Whether A Judge “Must Inform” Jurors “At Beginning Of Trial”
  • F 103 Reasonable Doubt (Case Law Discussing This Instruction)
  • F 103.1 Presumption Of Innocence: No Bias Because Defendant Arrested And Charged
    • F 103.1 Inst 1 No Bias Against Defendant
    • F 103.1 Inst 2 Modification Where Defendant Self-Surrendered
    • F 103.1 Inst 3 (a & b) Charging Document Does Not Permit An Inference Of Guilt
    • F 103.1 Inst 4 Jury Not To Consider Indictment As Evidence
    • F 103.1 Inst 5 Burden Of Proof Never Shifts To Defendant
    • F 103.1 Inst 6 Arrest, Charges And Trial Are Not Evidence
  • F 103.2 Presumption Of Innocence: Proof Of Each Element Beyond A Reasonable DoubtF 103.2 Inst 1
      Prosecutor Must Prove Every Essential Fact
  • F 103.2 Inst 2 Prosecutor Must Prove Every Essential Element
  • F 103.2 Inst 3 The Jury Should Be Instructed Using The “Each Element” Formulation Of The January 2006 Version Of CALCRIM 220
  • F 103.3 Reasonable Doubt Defined
    • F 103.3 Inst 1 Comparison Of Burdens: “Abiding Conviction” Should Be Defined To Avoid Confusion With The Clear And Convincing Evidence Standard
    • F 103.3 Inst 2 (a-j) Juror May Have A Reasonable Doubt Based On A Lack Of Evidence
    • F 103.3 Inst 3 Definition Of “Abiding” As Lasting And Permanent
    • F 103.3 Inst 4 (a & b) Abiding Conviction Requires More Than “Strong And Convincing Belief”
    • F 103.3 Inst 5 (a & b) Reasonable Doubt May Be Based On Conflict In The Evidence
    • F 103.3 Inst 6 (a & b) Abiding Conviction Requires That Jurors Be More Than “Firmly Convinced” Of The Defendant’s Guilt
  • F 103.4 Jurors Must Impartially Consider All The Evidence; Unless Guilt Proven Beyond A Reasonable Doubt Jurors Must Find Defendant Not Guilty
    • F 103.4 Inst 1 Any Juror With Reasonable Doubt Must Vote To Acquit
    • F 103.4 Inst 2 Presumption Of Innocence Should Be Applied To Each Defendant Individually
    • F 103.4 Inst 3 Burden Of Proof: Definition Of Burden
    • F 103.4 Inst 4 (a & b) Rejection Or Disbelief Of Defense Evidence Does Not Satisfy The Prosecution’s Burden Of Proof
    • F 103.4 Inst 5 Prosecution Bound by Defendant’s Statement Unless Contrary Evidence Presented
    • F 103.4 Inst 6 Duty To Presume Defendant Innocent: No Necessity For Defendant To Produce Evidence
    • F 103.4 Inst 7 Clarification Of The Burden Of Proof When One Defendant Points The Finger At Another
    • F 103.4 Inst 8 Strong Suspicion No Substitute For Proof Beyond A Reasonable Doubt
  • F 103 NOTES
    • F 103 Note 1 Prosecution’s Burden Should Be Included In Pretrial Instructions On Jurors Duties
    • F 103 Note 2 Whether “Beyond Reasonable Doubt” Should Be Defined
    • F 103 Note 3 Alternative Definition Of Reasonable Doubt
    • F 103 Note 4 Improper To Describe Proof Beyond A Reasonable Doubt In Terms Of “Every Day” Decisions
    • F 103 Note 5 Error To Instruct Jury That Defendant Is Presumed Not Guilty
    • F 103 Note 6 Counsel Has Duty To Challenge CC 103 Notwithstanding View Of Intermediate California Appellate Court That The Issue Is Frivolous
    • F 103 Note 7 Pretrial Instructions During Voir Dire: Impact On Jury Instruction Errors At Trial
    • F 103 Note 8 Equal Protection Challenge To CALCRIM 103 Based On Bush v. Gore (2000) 531 US 98 [148 LEd2d 388; 121 SCt 525]
    • F 103 Note 9 No State Has Reduced Reasonable Doubt To A Feeling Of An “Abiding Conviction” In The Truth Of The Charge As “Satisfactorily” Shown
    • F 103 Note 10 CALJIC 2.90 Unconstitutionally Admonishes The Jury That A Possible Doubt Is Not A Reasonable Doubt
    • F 103 Note 11 Precluding Prosecutor From Unduly Emphasizing Instructional Language Regarding “Mere Possible Or Imaginary Doubt”
  • F 104 Evidence (Case Law Discussing This Instruction)
  • F 104.1 Evidence Defined; Jury Must Only Consider Evidence
    • F 104.1 Inst 1 (a-e) Improper To Define Jurors’ Duty As Deciding “What The Facts Are”
    • F 104.1 Inst 2 (a & b) Requirement That Jurors “Must Decide What The Facts Are” As Unduly Coercive
    • F 104.1 Inst 3 Judicial Notice
    • F 104.1 Inst 4 (a & b) Cautionary Instruction Regarding Charts, Graphs, Summaries, Etc.
    • F 104.1 Inst 5 (a-c) Stipulated Facts
    • F 104.1 Inst 6 Introductory Instruction: Reactions To Evidence Must Be Disregarded
    • F 104.1 Inst 7 Jurors To Disregard Non-Testifying Defendant’s Courtroom Appearance, Conduct And Demeanor
    • F 104.1 Inst 8 Jury May Not Consider Non-Testifying Defendant’s Courtroom Appearance, Conduct Or Demeanor To Find Lack Of Remorse
    • F 104.1 Inst 9 Jury May Only Consider Testifying Defendant’s Demeanor, Conduct Or Appearance While He/She Is Testifying And Only As To Matters At Issue
    • F 104.1 Inst 10 Conduct Of Court Observers/Spectators Must Be Disregarded
  • F 104.2. Nothing Attorneys Say Is Evidence
    • F 104.2 Inst 1 (a & b) Jury Not To Consider Stricken Arguments Of Counsel
  • F 104.3 Attorney Objections [Reserved]
  • F 104.4 Disregard Matters Seen Or Heard When Court Not In Session [Reserved]
  • F 104.5 Reporter’s Notes; Readback
    • F 104.5 Inst 1 Error To Imply That Jurors’ Recollection Or Notes Are Per Se Less Accurate Than The Reporter’s Notes
    • F 104.5 Inst 2 Any Juror May Request A Read Back
  • F 104 NOTES
    • F 104 Note 1 Consideration Of Defendant’s Medication, Culture, Etc. In Evaluating Demeanor At Trial
    • F 104 Note 2 Stipulation: Impact On Duty To Produce Evidence
    • F 104 Note 3 Juror Note Taking: Advisement That Argument Of Counsel May Not Be Readback To The Jury
  • F 105 Witnesses (Case Law Discussing This Instruction)
  • F 105.1 Jurors Duty To Judge Credibility Of Witnesses
    • F 105.1 Inst 1 Each Juror Must Individually Judge Credibility
    • F 105.1 Inst 2 Improper To Define Jurors Duties In Terms Of Deciding The Truth Based Only On Their Common Sense And Experience
    • F 105.1 Inst 3 Cautionary Instruction Regarding Juror Use Of Common Sense And Experience To Trump Expert Opinion
    • F 105.1 Inst 4 (a & b) Juror Reliance On Common Sense Or Experience May Compromise The Reasonable Doubt Standard
    • F 105.1 Inst 5 Exceptions To Instruction That Each Witness Is To Be Judged By The Same Standard
    • F 105.1 Inst 6 Expressing Witness Evaluation In Terms Of “Belief” As Misleading
    • F 105.1 Inst 7 No Bias In Favor Of Law Enforcement Witness
    • F 105.1 Inst 8 (a & b) Witnesses: “Same Standard” Language Is Confusing And Misleading
    • F 105.1 Inst 9 Credibility of Witness: Applicability To Out-Of-Court Statements
    • F 105.1 Inst 10 Believability Of Witness: Jury May Accept A Portion Of The Testimony
    • F 105.1 Inst 11 Jurors Do Not Have To Choose Between Prosecution And Defense Evidence
  • F 105.2 Jurors May Consider Anything Re: Truth Or Accuracy
    • F 105.2 Inst 1 (a & b) Improper To Imply A Defense Obligation To “Disprove” The Truth Or Accuracy Of Testimony
    • F 105.2 Inst 2 Listed Factors Are Not Exclusive; Consider Relevant Factors; Do Not Consider Irrelevant Factors
    • F 105.2 Inst 3 (a-d) Credibility Of Witness: Use Of Drugs, Alcohol Or Other Mental Impairment Of Witness At The Time Of The Events
    • F 105.2 Inst 4 Interest Of Witness In Outcome Of Proceeding
    • F 105.2 Inst 5 (a-c) Consideration Of Witness Coercion
    • F 105.2 Inst 6 (a & b) Testimony Of Witness Who Was Under The Influence Of Drugs Or Alcohol When Testifying Should Be Viewed With Greater Caution Than Other Witnesses
  • F 105.3 Specific Witness Credibility Factors
    • F 105.3.1 Ability To See Or Hear [Reserved]
    • F 105.3.2 Ability To Remember And Describe [Reserved]
    • F 105.3.3 The Witness’s Behavior While Testifying
    • F 105.3.3 Inst 1 Demeanor Includes Appearance And Behavior
    • F 105.3.4 Whether The Witness Understood The Questions And Answered Them Directly [Reserved]
    • F 105.3.5 Whether The Witness’s Testimony Was Influenced By Bias, Prejudice, Relationship, Or Personal Interest In Outcome Of Case[Reserved]
    • F 105.3.6 Witness’s Attitude About Case/Testifying [Reserved]
    • F 105.3.7 Past Witness Statements That Are Consistent/Inconsistent With Testimony [Reserved]
    • F 105.3.8 Reasonableness Of The Witness’s Testimony [Reserved]
    • F 105.3.9 Whether Witness’s Testimony Was Proved Or Disproved By The Evidence
    • F 105.3.9 Inst 1 Improper To Imply A Defense Obligation To “Disprove” The Truth Or Accuracy Of Testimony
    • F 105.3.10 Whether Witness Admitted Being Untruthful
    • F 105.3.10 Inst 1 Admission Of Inaccuracy By Witness
    • F 105.3.11 Witness’s Character For Truthfulness
    • F 105.3.11 Inst 1 Witness’s Character For Inaccuracy
    • F 105.3.12 Whether Witness Was Convicted Of Felony; Reverse Felony Conviction
    • F 105.3.12 Inst 1 Whether Or Not Witness Has Been Convicted Of A Felony
    • F 105.3.13 Witness’s Conduct Reflecting On Believability
    • F 105.3.13 Note 1 Related Matters
    • F 105.3.14 No Limitation On Consideration Of Punishment Of Witness Granted Immunity/Leniency
  • F 105.4 Conflicts And Inconsistency In Testimony
    • F 105.4 Inst 1 (a-c) Telling The Jurors That Witnesses “Sometimes Forget” Is Inaccurate And Promotes Unreliable Criminal Convictions
    • F 105.4 Inst 2 (a & b) The CALCRIM Formulation Fails To Precisely Address Honest Misrecollection
    • F 105.4 Inst 3 (a & b) Telling Jurors That Witnesses “Sometimes” Misremember Is Inaccurate And Promotes Unreliable Criminal Convictions
    • F 105.4 Inst 4 Under Ex Post Facto/Due Process Principles CALJIC 2.21.1 Should Be Used In Place Of CALCRIM 105/226
    • F 105.4 Inst 5 (a & b) Witness Credibility: Inability To Cross-Examine Out-Of-Court Declarant’s Statements
    • F 105.4 Inst 6 Deletion Of Unnecessary Verbiage
  • F 105.5 Witness Character For Truthfulness
    • F 105.5 Inst 1 Character For Truth And/Or Accuracy
    • F 105.5 Inst 2 Improper To Presume Truthfulness From Lack Of Discussion
  • F 105.6 Witness No Longer Remembers [Reserved]
  • F 105.7 Witness Deliberately Lied
    • F 105.7 Inst 1 Witness Inaccuracy As To One Fact Relevant To Other Facts
  • F 105.8 Evidence: Preliminary Facts
    • F 105.8 Inst 1 (a & b) Jury Must Only Consider Testimony Based On The Personal Knowledge Of A Witness
    • F 105.8 Inst 2 Witness Credibility: Witness Capacity To Perceive And Recollect As Preliminary Finding Of Fact
    • F 105.8 Inst 3 Witness Credibility: Pretrial Silence As To Exculpatory Evidence—Preliminary Facts
  • F 105 NOTES
    • F 105 Note 1 Witness Credibility: Irrelevant Factors Should Be Deleted
    • F 105 Note 2 Bias Of Police Witness Re: Forfeiture And Possession For Sale
    • F 105 Note 3 Witness Credibility: Pretrial Silence as to Exculpatory Evidence—Foundational Facts
    • F 105 Note 4 Unavailability of Witness
    • F 105 Note 5 Witness Bias: Test For Violation Of Sixth Amendment Right To Confrontation
    • F 105 Note 6 Witness Credibility: Coerced Testimony Of Third Party
    • F 105 Note 7 Witness Credibility In Sexual Assault Cases: The Defendant Is Entitled To Attack The Credibility Of The Complainant With All Relevant Impeaching Evidence
    • F 105 Note 8 Witness Credibility In Sexual Assault Cases: Properly Applied, The Fresh Complaint Rule Allows For The Admission Of A Very Limited Class Of Evidence
    • F 105 Note 9 Witness Credibility: Showing Of Reliability Required For Admission Of Prior Threat Of Injury Per EC 1370
    • F 105 Note 10 Witness Competency: Must Be Challenged At Trial; Burden Of Proof
    • F 105 Note 11 Witness Competency: Disabilities
    • F 105 Note 12 Witness Disability: Leading Questions
    • F 105 Note 13 Character For Truthfulness Or Untruthfulness Not Applicable to Mental Disorder Evidence
    • F 105 Note 14 Failure To Give “Witness Willfully False” Instruction As Reversible Error
    • F 105 Note 15 Witness Credibility: Jury Consideration Of The Fact Defendant Attended The Trial
    • F 105 Note 16 Witness Character For Honesty Or Truthfulness
  • F 106 Jurors Asking Questions
    • F 106 Inst 1 Individual Jurors Many Submit Questions
    • F 106 Inst 2 Right To Submit Questions At Any Time
    • F 106 Inst 3 Improper To Refer To Jurors As “Judges Of The Facts”
    • F 106 Inst 4 Jurors May Advocate One Side’s Argument During Deliberations
    • F 106 Inst 5 (a & b) Jury Conduct: Questions By Jurors—Alternate Forms
    • F 106 Inst 6 Judge Should Read Juror Questions To Witness
  • F 106 NOTES
    • F 106 Note 1 Questions By Jurors: Whether Judge Or Attorney Should State The Question
    • F 106 Note 2 Questions By Jurors: Additional Safeguards Not Referred To In Rule 2.1033
    • F 106 Note 3 Strategy Note: Should Juror Questions During Testimony Be Discouraged?
  • F 106 Revision History and Commentary
  • F 107 PRO PER DEFENDANT
    • F 107 Inst 1 (a-c) Self-Representation Instructions
  • F 107 NOTES
    • F 107 Note 1 Self-Representation: Waiver Must Be Obtained At Time Defendant Is Bound Over For Trial In Superior Court
    • F 107 Note 2 Self-Representation: Right To Advisory Counsel In Non-Capital Cases
    • F 107 Note 3 Self-Representation On Appeal: Denial Of Access To Law Library Not Sufficient Basis For Denial
    • F 107 Note 4 Self-Representation: Advising Accused As To Privilege Against Self-Incrimination
    • F 107 Note 5 Self-Representation: Failure To Allow Defendant To Proceed Pro Per As Reversible Error
    • F 107 Note 6 Self-Representation: Mental Competency Of Defendant
    • F 107 Note 7 Self-Representation: Waiver Must Be Knowing And Voluntary
    • F 107 Note 8 Self-Representation: Applicability To Penalty Phase Of Death Penalty Trial
    • F 107 Note 9 Self-Representation: Termination Or Revocation For Out-Of-Court Conduct
    • F 107 Note 10 Courtroom Security: Self-Representation—Exclusion Of Pro Se Defendant From Sidebar Conferences
    • F 107 Note 11 Forfeiture Of Right To Counsel By Misconduct: Due Process Requires Warning
    • F 107 Note 12 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Sentencing
    • F 107 Note 13 Self-Representation On Appeal
    • F 107 Note 14 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Motion For New Trial
  • F 108-119 Reserved
  • B. Admonitions (120-124)
  • F 120 Service Provider for Juror With Disability (CCP 224(b))
    • F 120 Inst 1 Duty Of Jurors To Report Misconduct By Service Provider Or Jurors
    • F 120 Inst 2 Service Provider: Specification of Non-CCP 224 Duties
  • F 121 Duty to Abide by Translation Provided in Court
    • F 121 Inst 1 Interpreted Proceedings: Instructing Interpreters On Procedure
    • F 121 Inst 2 Interpreted Proceedings: Instructing Non-English Speaking Parties On Procedure To Be Followed When The Witness Is Testifying
    • F 121 Inst 3 Interpreted Proceedings: Instructing Non-English Speaking Parties On Procedure To Be Followed When The Witness Is Not Testifying
    • F 121 Inst 4 Interpreted Proceedings: Instructing Counsel On Procedure
  • F 121 NOTES
    • F 121 Note 1 Interpreter Need Not Be Certified If Competent
    • F 121 Note 2 Refusal To Appoint An Interpreter
    • F 121 Note 3 Interpreters: Consideration Of Physical Disabilities
    • F 121 Note 4 Interpreters: Resources
    • F 121 Note 5 Whether Interpreters May Testify As To Defendant’s Actions In Court
  • F 122 Corporation Is a Person [No Forecite Entries On This Instruction]
  • F 123 Alleged Victim Identified as John or Jane Doe
    • F 123 Inst 1 Anonymous Victim Or Witness: Normal Procedure (PC 293.5)
    • F 123 Inst 2 Anonymity Of Alleged Victim: No Inference Of Guilt (PC 293.5)
    • F 123 Inst 3 Anonymity Of Alleged Victim: Defense Objection Precludes Instruction Which Benefits Defendant
    • F 123 Note 1 Anonymity Of Victim/Witness: Unnecessary Anonymity As Violation Of Federal Constitution
    • F 123 Note 2 Anonymity Of Victim/Witness: Propriety Of Withholding Identity Of Witness From Defense
  • F 124 Do Not Talk About The Case Or Make Up Your Mind
    • F 124 Inst 1 Jurors Not To Form Or Express Any Opinion; Not Even A Tentative One
  • F 125-199 Reserved
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