Tag Archives: CC 767

CALCRIM Committee Acknowledges “Tension” Between Its Death Penalty Instructions and the Federal Constitution
October 8th, 2020

In the September 2020 revisions to the Bench Notes for CC 766 and CC 767 deleted the following optional sentence: “In making your decision about penalty, you must assume that the penalty you impose, death or life without the possibility of parole, will be carried out.” This sentence, which is based on the holding in […]

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Death Penalty: Response To Jury Inquiring About Commutation
February 20th, 2014

  This instruction was added on April 23, 2010, at the recommendation of the CC Committee. The Committee noted that “Because it is so easy to make a mistake in instructing on this issue, the committee agreed that it was important to provide a carefully crafted instruction for courts to use.” (Advisory Committee on Criminal […]

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