Tag Archives: CC 103


Scales of Justice Metaphor Does Not Accurately Describe Burden of Proof Beyond a Reasonable Doubt Which Requires That Proof That Goes “Substantially” Beyond a State of “Equipoise”
July 28th, 2019

In People v. Daveggio and Michaud (2018) 4 Cal. 5th 790, 838-44 the judge addressed several groups of prospective jurors who had yet to complete juror questionnaires. In each session the judge discussed the presumption of innocence and requirement of proof beyond a reasonable doubt, in concepts such as the following: The most important concept […]


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Should Burden of Proof Be Illustrated by Examples Based on the Level of Certainty Needed to Make Decisions “In The Ordinary Affairs of Life?”
July 16th, 2019

In People v. Potts (2019) 6 Cal. 5th 1012, 1039-41 the court’s introductory comments to the jury panels illustrated the concept of circumstantial evidence as follows: Let’s assume that you or your spouse prepared … a raspberry pie and you set that on the counter to cool. There’s nobody home except      you and your […]


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Was the Maiden Voyage of the Titanic Merely “Incomplete”?
July 29th, 2016

In People v. Cortez (2016) 63 C4th 101 the prosecutor effectively told the jury that a non-imaginary belief is proof beyond a reasonable doubt: “The court told you that beyond a reasonable doubt is not proof beyond all doubt or imaginary doubt. Basically, I submit to you what it means is you look at the […]


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Improper to Instruct That an “Abiding Conviction” Means A Verdict “You Will Be Comfortable with … a Year from Now”
July 21st, 2016

In People v. Muniz [UNPUBLISHED] (2011) 198 CA4th 1324, at the beginning of voir dire, the judge instructed the jurors that in “plain English” an “abiding conviction” means “when you come to a verdict you will be comfortable with it the day you do it, two months or a year from now.” The majority opinion […]


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Improper to Describe Proof Beyond a Reasonable Doubt in Terms of “Every Day” Decisions
July 20th, 2016

In People v. Nguyen (1995) 40 CA4th 28, 35-37, the prosecutor told the jury that people apply the reasonable doubt standard “every day” and it is the same standard people customarily use in deciding whether to change lanes when driving or whether to get married. The court of appeal held that this argument trivialized the […]


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Defense Has No Burden to Prove Any Specific Facts
July 13th, 2016

CC 100, paragraph 3, sentence 4, provides as follows: “Because (he/she/they) (is/are) presumed innocent, the defendant[s] (does/do) not have to prove that (he/she/they) (is/are) not guilty.” CC 100 is technically correct as far as it goes. (See People v. Ibarra (2007) 156 CA4th 1174, 1179.) However, it only discusses the presumption of innocence in the […]


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Does Implausible or Illogical Testimony Warrant Instructing Per CC 361 on Defendant’s Failure to Explain or Deny Evidence?
March 10th, 2015

  In People v. Cortez, S211915 (B233833; nonpublished opinion; (Cal. Sept. 18, 2013) the Supreme Court granted the prosecution’s petition for review to consider, the following issues: In the petition for review the attorney general characterized these issues as follows:   1. May a court instruct the jury with CALCRIM No. 361 on the failure […]


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Reasonable Doubt: Sua Sponte Duty
May 20th, 2014

  The court has a sua sponte duty to give this instruction and there is probably no more important instruction that must be given. Failure to give a proper reasonable doubt instruction sua sponte may require automatic reversal. (People v. Phillips (1997) 59 Cal. App. 4th 952, 955-956, disapproved on other grounds by People v. […]


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