Tag Archives: CC 761

Overcoming the “Walking Dictionary Myth” When Instructing the Jury
March 17th, 2021

Jury instruction jurisprudence attempts to draw a “bright line” distinction between terms which have a technical, specialized legal meaning and those which are defined by their common dictionary meaning. On one side of this “bright line” the trial judge must sua sponte define terms which have a “technical meaning peculiar to the law.” (See People […]

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Death Penalty: Repeating Guilt Phase Instructions
February 20th, 2014

  If the trial court instructs the jury to disregard all instructions given at the guilt phase, it must give those instructions which are applicable to the evaluation of the evidence at the penalty phase. Failure to give the required instructions will be reviewed under the harmless beyond a reasonable doubt standard. (People v. Lewis […]

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