California Criminal Jury Instructions (CALCRIM) (2017)

124. Separation Admonition

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124.Separation Admonition
[You may be permitted to separate during recesses and at the end of the
day. I will tell you when to return. Please remember, we cannot begin
the trial until all of you are in place, so it is important to be on time.]
Remember, do not talk about the case or about any of the people or any
subject involved in it with anyone, including the other jurors. Do not do
research, share information, or talk to each other or to anyone else
about the facts of the case or anything else connected with the trial, and
do not use any form of electronic or wireless communication to do any
of those things, either.
Do not make up your mind or express any opinion about the case or
any issue connected with the trial until after you have discussed the case
with the other jurors during deliberations.
New January 2006; Revised August 2012
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to admonish the jury “at each adjournment of the
court before the submission of the cause to the jury.” Pen. Code, § 1122(b).
Adjournment means continuing proceedings to another court day, not every time
the court calls a recess. People v. Heishman (1988) 45 Cal.3d 147, 174 [246
Cal.Rptr. 673, 691, 753 P.2d 629], citing People v. Moore (1971) 15 Cal.App.3d
851, 852–853 [93 Cal.Rptr. 447].
AUTHORITY
• Statutory Authority. Pen. Code, § 1122(b).
Secondary Sources
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 81, Jury
Selection and Opening Statement, § 81.06[1], Ch. 85, Submission to Jury and
Verdict, § 85.05[1] (Matthew Bender).
125–199. Reserved for Future Use
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