California Criminal Jury Instructions (CALCRIM) (2017)

3531. Service Provider for Juror With Disability

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3531.Service Provider for Juror With Disability (Code Civ. Proc.,
§ 224)
<insert name or number of juror> has been assisted by (a/
an) <insert description of service provider, e.g., sign language
interpreter> to communicate and receive information. The
<insert description of service provider> will be with you during your
deliberations. You may not discuss the case with the
<insert description of service provider>. The <insert
description of service provider> is not a member of the jury and is not to
participate in the deliberations in any way other than as necessary to
provide the service to <insert name or number of juror>.
All jurors must be able to fully participate in deliberations. In order to
allow the <insert description of service provider> to
properly assist <insert name or number of juror>, jurors
should not talk at the same time and should not have side
conversations. Jurors should speak directly to <insert name
or number of juror>, not to the <insert description of service
provider>.
[Two <insert description of service providers> will be
present during deliberations and will take turns in assisting
<insert name or number of juror>.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction if a juror will be using the
assistance of a service provider in deliberations. (Code Civ. Proc., § 224(b).)
AUTHORITY
• Juror Not Incompetent Due to Disability. Code Civ. Proc., § 203(a)(6).
• Juror May Use Service Provider. Code Civ. Proc., § 224.
• Court Must Instruct on Use of Service Provider. Code Civ. Proc., § 224(b).
Secondary Sources
7 Witkin, California Procedure (5th ed. 2008) Trial, §§ 320, 330.
4Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 81, Jury
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Selection and Opening Statement, § 81.02[2]; Ch. 85, Submission to Jury and
Verdict, § 85.05[1] (Matthew Bender).
3532–3549. Reserved for Future Use
CALCRIM No. 3531 POST-TRIAL: CONCLUDING
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