Tag Archives: Jury Unanimity (Duplicity)


Jury Unanimity (CC 3500 or CC 3501): Child Molestation: Emphasis of What Must Be Found Vis a Vis Multiple Sex Crimes
May 8th, 2015

To convict a defendant of multiple sex crimes that are not distinguished: the jury must find 3 prerequisites “‘We see no constitutional impediment to allowing a jury, so instructed to find a defendant guilty of more than one indistinguishable act, providing. . .three minimum prerequisites. . .are satisfied.’ [Citation.] Those prerequisites include generic evidence describing […]


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Jury Unanimity: Child Molestation
May 5th, 2015

  In a child molestation case, CC 3501 may be given instead of CC 3500.   “[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to […]


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Juror Unanimity/Duplicity: Receiving Stolen Property
May 1st, 2014

  People v. Mitchell (2008) 164 Cal. App. 4th 442, affirmed a defendant’s conviction of multiple counts of receiving stolen property where the trial court had used CC 1750. The defendant complained on appeal that the trial court had incorrectly rejected a proposed defense instruction on unanimity and instead added a unanimity instruction which could […]


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Jury Unanimity: Child Molestation
February 20th, 2014

In a child molestation case, CC 3501 may be given instead of CC 3500.   “[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to the […]


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