CALCRIM Revisions
June 28th, 2019
Effective March 15, 2019 the Judicial Council approved for publication revisions to the following CALCRIM instructions which were published in the March 2019 edition of the Judicial Council of California Criminal Jury Instructions. Instruction Number Instruction Title 104, 202, 222 Evidence, Note-Taking and Read Back of Evidence 301, 334, 335 Single […]
Tags: CALCRIM Revisions, CC 104, CC 1145, CC 1161, CC 1162, CC 1244, CC 1650, CC 1900, CC 1901, CC 1902, CC 1904, CC 1905, CC 1930, CC 1932, CC 1935, CC 202, CC 2140, CC 222, CC 2300, CC 2500, CC 2530, CC 2962, CC 301, CC 3181, CC 335, CC 3412, CC 3413, CC 3426, CC 3454, CC 520, CC 625, CC 707, CC 708, CC 984
CALCRIM Proposes Changes to Felony Murder/Accomplice Instructions Per SB 1437 to Be Effective September 24, 2019
June 14th, 2019
The proposed modifications are summarized in an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01). The proposed effective date of the changes is 9/24/19. CALCRIM summarizes the proposed felony murder/accomplice changes as follows: Senate Bill No. 1437 (2017-2018 Reg. Sess.) substantially changed accomplice liability for felony murder. Malice may no longer be imputed simply from […]
Tags: CALCRIM Revisions, CC 402, CC 403, CC 540A, CC 540B, CC 540C, CC 541A, CC 541B, CC 541C, Felony Murder
Confusing Language of CC 121 Regarding Foreign Language Recordings Should Be Clarified
April 28th, 2017
In August 2016 the CALCRIM committee revised CC 121 to provide as follows: You must rely on the transcript, even if you understand the language in the recording. Do not restranslate the recording for other jurors. If you believe the transcript is incorrect, let me know immediately by writing a note and giving it to […]
Tags: CALCRIM Revisions, CC 121, Evidence and Witnesses, Sample Instructions
CC 703: Felony Murder: Special Circumstance Liability — Factors Re: Major Participant Determination
September 16th, 2016
PC 190.2(d) was designed to codify the holding of Tison v. Arizona (1987) 481 U.S. 137 [95 L. Ed. 2d 127, 107 S. Ct. 1676], “which articulates the constitutional limits on executing felony murderers who did not personally kill.” (People v. Banks (2015) 61 Cal. 4th 788, 794.) “Tison and a prior decision on which […]
Tags: CALCRIM Revisions, CC 703, Death Penalty, Felony Murder Special Circumstance, Special Circumstances, Tison/Banks
Is Larcenous Intent an Element of Robbery?
September 12th, 2016
For decades CALJIC 9.40 has relied on the literal language of PC 211 to define the specific intent required for robbery as an intent to permanently deprive the possessor of the property that is taken. However, this definition is erroneous because robbery requires an intent to steal which is defined as an intent to permanently […]
Tags: CALCRIM Revisions, CC 1600, CC 625, Claim of Right, Defense Theory: Mens Rea/Intent, Homicide, Intoxication, Mens Rea: Intent, Robbery
CC 548: Murder Alternative Theories — 2016 Revision
September 7th, 2016
Prior to 2016 CC 548 simply informed the jurors that: “You do not need to agree on the same theory [of murder].” However, in People v. Sanchez (2013) 221 Cal.App.4th 1012, 1025 recognized that giving such an instruction may be reversible error if the different theories of guilt result in different degrees of guilt: Unanimity […]
Tags: CALCRIM Revisions, CC 548, Homicide, Juror Unanimity (Duplicity), Murder