CC 330: “Should Consider” vs. “Consider”
October 27th, 2020
CC 330 contains inconsistent admonitions to the jurors regarding consideration of factors potentially relating to the credibility of a child witness under 10 years old. Compare Paragraph 2: In evaluating the child’s testimony, you should consider all of the factors surrounding that testimony, including the child’s age and level of cognitive development. [Emphasis […]
Tags: CC 330, Evidence and Witnesses, Jury Instruction Language, Sample Instructions
Synonymous Terminology Used to Designate a Person Who Committed a Crime
February 20th, 2015
PC 31 and PC 971 use the use the word “principal” to designate a person who may be liable to be convicted for committing a crime. However, some cases use descriptive words such as “participant” or “confederate.” And, some jury instructions (e.g., CC 373, CC 402, CC 415, CC 540C, CC 541C, and CC […]
Tags: CC 3117, CC 373, CC 402, CC 415, CC 540C, CC 541C, CC 563, Jury Instruction Language