Should Jurors Be Cautioned Regarding Accomplice Testimony Which Is Neutral Or Exonerating?
October 15th, 2019
In People v. Smith (2017) 12 Cal. App. 5th 766, 778-80 the judge instructed the jury per the standard CALCRIM instructions that accomplice testimony requires corroboration before the jury may accept it as true. The appellate Court criticized these instructions because they failed to explain that the supporting evidence requirements applies “only when [the accomplice] […]
Tags: CC 301, CC 334, CC 335, Sample Instructions
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
Is Accomplice Testimony “Exonerating” When It Tends to Incriminate the Defendant of Lesser Offense?
June 18th, 2019
CC 334 instructs that accomplice testimony requires corroboration before the jury may accept it as true. However, the defense may want to consider requesting modification of CC 334 when the defendant’s statements serve to show his guilt of a lesser offense than the charged offense. (See e.g., sample below.) Statements which mitigate or lessen the […]
Tags: CC 301, CC 334, CC 335, Sample Instructions
