California Criminal Jury Instructions (CALCRIM) (2017)

107. Pro Per Defendant

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107.Pro Per Defendant
(The defendant[s]/ <insert name[s] of self-represented
defendant[s]>) (has/have) the right to be represented by an attorney in
this trial, as do all criminal defendants in this country. (He/She/They)
(has/have) decided instead to exercise (his/her/their) constitutional right
to act as (his/her/their) own attorney in this case. Do not allow that
decision to affect your verdict.
The court applies the rules of evidence and procedure to a (self-
represented defendant/ <insert name[s] of self-represented
defendant[s]>).
New August 2009
BENCH NOTES
Instructional Duty
This instruction may be given on request.
AUTHORITY
• Basis for Right of Self-Representation. Sixth Amendment, Constitution of the
United States; Faretta v. California (1975) 422 U.S. 806 [95 S.Ct. 2525, 45
L.Ed.2d 562].
Secondary Sources
5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 248.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 1, The
California Defense Advocate, § 1.73 (Matthew Bender).
108–119. Reserved for Future Use
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