SERIES 3500 POST-TRIAL: CONCLUDING
F 3576 Substitution Of Alternate Juror In Capital Case: After Guilt Determination, Before Submission Of Penalty Phase to Jury
TABLE OF CONTENTS
F 3576 Inst 1 No Duty To Reach Verdict As To Penalty
F 3576 Inst 2 Jurors Only To Consider Evidence Which Instructions Permit
Return to Series 3500 Table of Contents.
F 3576 Inst 1 No Duty To Reach Verdict As To Penalty
*Modify CC 3576, paragraph 3, sentence 1 and 2, as follows [added language is underlined]:
In this phase of the trial, you must now determine, if you can, what penalty is appropriate in light of the prior verdict[s] and finding[s] and all the other evidence that bears on this question. The People and the defendant[s] have the right to a verdict, if any, on the issue of penalty that is reached only after full participation of the jurors whose votes determine that verdict.
Points and Authorities
See FORECITE F 100.7 Inst 1.
F 3576 Inst 2 Jurors Only To Consider Evidence Which Instructions Permit
*Modify CC 3576, paragraph 3, sentence 1, as follows [added language is underlined]:
In this phase of the trial, you must now determine what penalty is appropriate in light of the prior verdict[s] and finding[s] and all the other evidence that bears on this question which the instructions permit you to consider.
Points and Authorities
The jurors at the penalty phase must only consider the evidence as allowed by the instructions. (See People v. Medina (1995) 11 C4th 694, 770-71.)
Identification Of Parties— See FORECITE F 100.2 Note 1.