Jury Instructions

The State of California has adopted two sets of uniform, plain English jury instructions, one for criminal and the other for civil trials. Some of these instructions apply to all (or at least the vast majority) of trials, while others are specific to particular charges that the defendant is accused of. The following sections of the jury instructions for criminal cases were used for the Patricia MacCallum trial. If you want to read the full text of the instructions, they can be found on the California Courts - The Judicial Branch of California website. Simply click on the link and then search for the specific instruction number to read that full instruction.

SERIES 100 PRETRIAL

A. GENERAL INSTRUCTIONS

100. Trial Process (Before or After Voir Dire)
101. Cautionary Admonitions: Jury Conduct (Before, During, or After Jury Is Selected)
102. Note-Taking
103. Reasonable Doubt
104. Evidence
105. Witnesses
106. Jurors Asking Questions

B. ADMONITIONS

124. Separation Admonition

SERIES 200 POST-TRIAL: INTRODUCTORY

A. INTRODUCTORY INSTRUCTIONS AND ADMONITIONS

200. Duties of Judge and Jury
201. Do Not Investigate
202. Note-Taking and Reading Back of Testimony
207. Proof Need Not Show Actual Date

B. GENERAL LEGAL CONCEPTS

220. Reasonable Doubt
222. Evidence
223. Direct and Circumstantial Evidence: Defined
224. Circumstantial Evidence: Sufficiency of Evidence
225. Circumstantial Evidence: Intent or Mental State
226. Witnesses

C. CAUSATION

240. Causation

D. UNION OF ACT AND INTENT

250. Union of Act and Intent: General Intent
251. Union of Act and Intent: Specific Intent or Mental State

SERIES 300 EVIDENCE

A. GENERAL INSTRUCTIONS

300. All Available Evidence
301. Single Witness’s Testimony
302. Evaluating Conflicting Evidence
303. Limited Purpose Evidence in General

B. WITNESSES

315. Eyewitness Identification
316. Additional Instructions on Witness Credibility—Other Conduct
318. Prior Statements as Evidence
332. Expert Witness Testimony

D. DEFENDANT’S TESTIMONY AND STATEMENTS

355. Defendant’s Right Not to Testify
358. Evidence of Defendant’s Statements
362. Consciousness of Guilt: False Statements

E. PARTICULAR TYPES OF EVIDENCE

370. Motive
371. Consciousness of Guilt: Suppression and Fabrication of Evidence

SERIES 500 HOMICIDE

A. GENERAL PRINCIPLES

500. Homicide: General Principles

C. MURDER: FIRST AND SECOND DEGREE

520. First or Second Degree Murder With Malice Aforethought (Pen. Code, § 187)
521. First Degree Murder (Pen. Code, § 189)

J. CHARGE TO JURY

641. Deliberations and Completion of Verdict Forms: For Use When Defendant Is Charged With First Degree Murder and Jury Is Given Only One Not Guilty Verdict Form for Each Count; Not to Be Used When Both Voluntary and Involuntary Manslaughter Are Lesser Included Offenses

SERIES 800 ASSAULTIVE AND BATTERY CRIMES

C. ABUSE OF OR INJURY TO CHILD, ELDER OR DEPENDENT ADULT, SPOUSE

840. Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition (Pen. Code, § 273.5(a))

D. ASSAULT

875. Assault With Deadly Weapon or Force Likely to Produce Great Bodily Injury (Pen. Code, §§ 240, 245(a)(1)–(4), (b))

SERIES 3100 ENHANCEMENTS AND SENTENCING FACTORS

D. PERSONALLY USED DEADLY WEAPON OR FIREARM

3146. Personally Used Firearm (Pen. Code, §§ 667.5(c)(8), 667.61(e)(4), 1203.06, 1192.7(c)(8), 12022.3, 12022.5, 12022.53(b))
3149. Personally Used Firearm: Intentional Discharge Causing Injury or Death (Pen. Code, §§ 667.61(e)(3), 12022.53(d))

E. GREAT BODILY INJURY

3160. Great Bodily Injury (Pen. Code, §§ 667.5(c)(8), 667.61(e)(3), 1192.7(c)(8), 12022.7, 12022.8)

SERIES 3500 POST-TRIAL: CONCLUDING

C. ADMONITIONS

3530. Judge’s Comment on the Evidence (Cal. Const., art. VI, § 10; Pen. Code, §§ 1127, 1093(f))

D. CONCLUDING INSTRUCTION ON SUBMISSION TO JURY

3550. Pre-Deliberation Instructions
3551. Further Instruction About Deliberations

E. ALTERNATES

3575. Substitution of Alternate Juror: During Deliberations (Pen. Code, § 1089)
3577. Instructions to Alternate on Submission of Case to Jury

F. FINAL INSTRUCTION ON DISCHARGE OF JURY

3590. Final Instruction on Discharge of Jury

End of jury instructions
Last update: 6/11/14 - Return to the Patricia MacCallum trial home page