California Crimonal Jury Instructions-CALCRIM

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Criminal Jury Instructions Volume I

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California Criminal Jury Instructions
CALCRIM
Volume I
HOMICIDE
Series 700
K. SPECIAL CIRCUMSTANCES
(i) General Instructions

CALCRIM 700.

700. Special Circumstances: Introduction (Pen. Code,§ 190.2)

If you find (the/a) defendant guilty of first degree murder, you must also decide whether the People have proved that [one or more of] the special circumstance[s] is true.

The People have the burden of proving (the/each) special circumstance beyond a reasonable doubt. If the People have not met this burden, you must find the special circumstance has not been proved. [You must return a verdict form stating true or not true for each special circumstance on which you all agree.]

In order for you to return a finding that a special circumstance is or is not true, all 12 of you must agree.

[You must (consider each special circumstance separately/ [and you must] consider each special circumstance separately for each defendant).]

New January 2006

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct the jury on the special circumstances and to instruct that, in the case of a reasonable doubt, the jury must find the special circumstance not true. (Pen. Code, § 190.4; see People v. Frierson (1979) 25 Cal.3d 142, 180 [158 Cal.Rptr. 281, 599 P.2d 587]; People v. Ochoa (1998) 19 Cal.4th 353, 420 [79 Cal.Rptr.2d 408, 966 P.2d 442].)

The court has a sua sponte duty to instruct the jury to consider each special circumstance separately. (See People v. Holt (1997) 15 Cal.4th 619, 681 [63 Cal.Rptr.2d 782, 937 P.2d 213].) Give the bracketed paragraph if more than one special circumstance is charged or there are multiple defendants.

Where multiple special circumstances are charged, the court may accept a

439.

CALCRIM 700.Special Circumstances: Introduction (Pen. Code,§ 190.2) Page 439
CALCRIM 700.Special Circumstances: Introduction (Pen. Code,§ 190.2) Page 440
CALCRIM 700.Special Circumstances: Introduction (Pen. Code,§ 190.2) Page 441

(Pub 1284)

External Links-Links to Official Site
Complete Text of the 2008 Criminal Jury Instructions-Official Site
CALCRIM Table of Contents 24 categories of instructions-Official Site
December 2008 Supplement to the Criminal Jury Instruction- Official Site
User's Guide Official Site

Internal Links
CALCRIM Series 500 HOMICIDE Table of Contents
California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents
California Jury Instructions-CALCRIM-Vol. 1. General Instructions

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