Tag Archives: CC 3550

Improper Prosecutorial Statements That It Is Illegal for Jurors to Refuse to Deliberate and that Jurors Must Report any Such Refusal
September 30th, 2021

In People v. Morales (2021) 67 Cal.App.5th 326 the prosecutor stated in closing argument that it was “illegal” for jurors to refuse to deliberate and admonished that the jurors must report the failure to deliberate, and allegedly conveyed that jurors had no power to engage in nullification.   The Court of Appeal held that the […]

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Pre-Deliberation Instructions (CC3550): Modification When Received Benefits from Prosecution in Exchange for Testimony
December 4th, 2018

Considerations of punishment are important with respect to witnesses who have received or been promised benefits from the prosecution such as immunity or leniency. (See e.g., CC 105 and CC 226.) For example, in Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972), “the Government’s case […]

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