Criminal Law

706. Special Circumstances: Jury May Not Consider Punishment

In your deliberations, you may not consider or discuss penalty or punishment in any way when deciding whether a special circumstance, or any other charge, has been proved.

Bench Notes

Instructional Duty

The court has a sua sponte duty to instruct the jury not to consider penalty or punishment when deciding on the special circumstances or other charges. (People v. Robertson (1982) 33 Cal.3d 21, 36 [188 Cal.Rptr. 77, 655 P.2d 279]; People v. Holt (1984) 37 Cal.3d 436, 458 [208 Cal.Rptr. 547, 690 P.2d 1207] [jury may not consider punishment in deciding on special circumstances].)

Authority

Duty to Instruct. People v. Robertson (1982) 33 Cal.3d 21, 36 [188 Cal.Rptr. 77, 655 P.2d 279].

Jury May Not Consider Punishment. People v. Holt (1984) 37 Cal.3d 436, 458.

(New January 2006)