CALCRIM No. 106. Jurors Asking Questions

Judicial Council of California Criminal Jury Instructions (2023 edition)

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106.Jurors Asking Questions
If, during the trial, you have a question that you believe should be asked
of a witness, you may write out the question and send it to me through
the bailiff. I will discuss the question with the attorneys and decide
whether it may be asked. Do not feel slighted or disappointed if your
question is not asked. Your question may not be asked for a variety of
reasons, including the reason that the question may call for an answer
that is inadmissible for legal reasons. Also, do not guess the reason your
question was not asked or speculate about what the answer might have
been. Always remember that you are not advocates for one side or the
other in this case. You are impartial judges of the facts.
New January 2006; Revised August 2006
Instructional Duty
This instruction may be given on request.
Statutory Admonitions. See generally Pen. Code, § 1122.
Juror Questions. California Rules of Court, Rule 2.1033.
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 726.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82,
Witnesses, § 82.02[2] (Matthew Bender).

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