Defendant’s Previous Conviction: Cautionary Instruction
July 12th, 2022
It is beyond dispute that it is improper and prejudicial to permit the jurors to consider the fact that the defendant was previously tried and convicted for the same allegations. For example, in People v. Kessler (1963) 221 Cal.App.2d 187, 191, the court concluded that the unnecessary calling and identifying of a probation officer as […]
Tags: Alternate Jurors, CC 3575, Sample Instructions, Verdict
Substitution of Alternate Juror After Partial Verdict
July 5th, 2022
When an alternate juror is substituted during deliberations, CALCRIM 3575 should be given instructing the jurors to disregard the earlier deliberations. (See People v. Cain (1995) 10 C4th 1, 64-65.) However, a special problem is presented when the substitution occurs after a partial verdict has been rendered. In fact, it has been suggested that the […]
Tags: Alternate Jurors, CC 3575, Jury Deliberation, Sample Instructions, Verdict