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jury instructions

CALCRIM Checklist CALJIC Comparison Matrix

CALCRIM Checklist/Worksheet

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Note: This list does not include fact and crime-specific instructions which must also be given.

Key:

S= sua sponte duty in every case
ss = sometimes sua sponte, depending on the facts
rec = not sua sponte, but recommended
R = must be given if requested

Pretrial General Instructions

□ 100 trial process
S 101 cautionary admonition
□ 102 note taking
S 103 reasonable doubt
□ 104 evidence
S 105 witnesses
R 106 juror questions

Pretrial Admonitions

ss 120 service provider for disable juror (when one is used)
rec 121 duty to abide by ct translation
ss 122 corporation is a person (when defendant is a corporation)
ss 123 witness identified as J. Doe (when victim is id’d as such)
S 124 separation admonition

Post-Trial Introductory

S 200 duties of judge and jury
S 201 do not investigate
rec 202 note taking
ss 203 multiple defendants (when multiple D’s are on trial)
ss/R 204 restrained defendant (if seen by jury)
□ 205 charge removed from jury consideration
□ 206 a defendant removed from the case
□ 207 proof need not show actual date

General Legal Concepts

S 220 reasonable doubt
ss 221 reasonable doubt/bifurcated trial (when bifurcated proceedings)
□ 222 evidence
S 223 direct & circumstantial evidence: defined
ss 224 circumstantial evidence: sufficiency of evidence (if DA substantially relies on it)
ss 225 circumstantial evidence: intent/ mental state (if DA subst. relies as evid. of intent)
S 226 witnesses

Causation

ss 240 causation (when it’s at issue)

Union of Act and Intent

ss 250 union act & intent: general intent (when charged with general intent crime)
ss 251 union act & intent: specific intent (when charged with specific intent crime)
ss 252 union act & intent: general & specific together (when charged with both types)
rec 253 union act & intent: criminal negligence
□ 254 union act & intent: strict liability

General Evidentiary Instructions

R 300 all available evidence
S 301 single witness’s testimony
S 302 evaluating conflicting evidence (unless corroborating evidence is req.)
R 303 limited purpose of evidence
R 304 multiple defendants: ltd. admissibility of evidence
R 305 multiple defendants: ltd. admissibility D’s statements
□ 306 untimely disclosure of evidence

Witnesses

R 315 eyewitness identification
R 316 witness credibility, other conduct
□ 317 prior testimony unavailable witness
□ 318 prior statements as evidence
□ 319 prior statements of unavailable witness
R 320 exercise of privilege by witness
R 330 testimony of child 10 yrs or less
R 331 testimony of witness with disabilities
ss 332 expert witness testimony (when expert testimony received at trial)
R 333 opinion testimony of lay witness
ss 334 accomplice testimony corroborated: (if evid. suggests witness can be accomplice)
ss 335 accomplice testimony: (when no dispute witness is an accomplice)
R 336 in-custody informant
ss 337 witness restrained (when seen by jury)

Character Evidence

R 350 character of defendant
R 351 cross-exam of character witness

Defendant’s Testimony

R 355 defendant’s right not to testify
R 356 Miranda-defective statements.
ss 357 adoptive admissions (when such evidence is admitted)
ss 358 evidence of defendant’s statements (for out-of-court oral statements by D)
ss 359 corpus delicti (if 357 given & whenever stmts. form part of prosecution evid.)
□ 360 statements to experts
□ 361 failure to explain/deny adverse testimony
ss 362 consciousness guilt: false stmt. (when such inference can be drawn from D’s stmt.)

Particular Types of Evidence

□ 370 motive
□ 371 consciousness guilt: suppress/fabricate evidence
ss 372 flight (when DA relies on it to show consciousness of guilt)
R 373 other perpetrator
ss 374 dog tracking evidence (when they are used to prove id of defendant)
R 375 1101(b) evidence
□ss 376 possession of recently stolen property (if there is evid. of such property

Aiding & Abetting & Related Doctrines

ss 400 aiding & abetting: general principles (when DA relied on it as theory of liability)
ss 401 aiding & abetting: intended crimes (when DA relied on it as theory of liability)
ss 402 natural & probable consequences (target and non-target offense charged)
ss 403 natural & probable consequences (only non-target offense charged)
R 404 intoxication

Defenses and Insanity

□ 3400 alibi
R 3428 mental impairment as defense

Concluding Instructions

ss 3500 unanimity (if DA presents evid. of multiple acts to prove a single count)
□ 3501 unanimity: generic test. presented
ss 3502 unanimity: election by prosecutor (if DA has picked a specific factual basis)
R 3515 multiple counts: separate offenses
ss 3516 multiple counts: alternative charges (if D alt. charged with mult. cts. for 1 event)
ss 3517 LIO’s or degrees w/o Stone Instruction (where 1 or more LIO submitted to jury)
ss 3518 LIO’s or degrees w/ Stone Instruction (where 1 or more LIO submitted to jury)
ss 3530 judge’s comment on evidence (when the court comments)
ss 3531 service provider for disabled juror (when one is used)
S 3550 pre-deliberation instruction
ss 3575 substituting alternate juror during deliberations (when alt. juror is seated)
S 3590 final instruction on discharge of jury

 

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