California Criminal Jury Instructions (CALCRIM) (2017)

3575. Substitution of Alternate Juror: During Deliberations

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E. ALTERNATES
3575.Substitution of Alternate Juror: During Deliberations (Pen.
Code, § 1089)
One of your fellow jurors has been excused and an alternate juror has
been selected to join the jury.
Do not consider this substitution for any purpose.
The alternate juror must participate fully in the deliberations that lead
to any verdict. The People and the defendant[s] have the right to a
verdict reached only after full participation of the jurors whose votes
determine that verdict. This right will only be assured if you begin your
deliberations again, from the beginning. Therefore, you must set aside
and disregard all past deliberations and begin your deliberations all
over again. Each of you must disregard the earlier deliberations and
decide this case as if those earlier deliberations had not taken place.
Now, please return to the jury room and start your deliberations from
the beginning.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction if an alternate juror has
been seated. (People v. Collins (1976) 17 Cal.3d 687, 693–694 [131 Cal.Rptr. 782,
552 P.2d 742], overruled on other grounds in People v. Boyette (2002) 29 Cal.4th
381, 462, fn. 19 [127 Cal.Rptr.2d 544, 58 P.3d 391].)
If an alternate juror is seated during the penalty phase of a capital trial but prior to
submission of the penalty phase to the jury, give CALCRIM No. 3576, Substitution
of Alternate Juror in Capital Case: After Guilt Determination, Before Submission of
Penalty Phase to Jury.
AUTHORITY
• Statutory Authority to Seat Alternate Juror. Pen. Code, § 1089.
Jury Must Be Instructed to Disregard Previous Deliberations. People v. Collins
(1976) 17 Cal.3d 687, 693–694 [131 Cal.Rptr. 782, 552 P.2d 742], overruled on
other grounds in People v. Boyette (2002) 29 Cal.4th 381, 462, fn. 19 [127
Cal.Rptr.2d 544, 58 P.3d 391]; People v. Renteria (2001) 93 Cal.App.4th 552,
559 [113 Cal.Rptr.2d 287].
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Secondary Sources
5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 512.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 81, Jury
Selection and Opening Statement, §§ 81.01[2], 81.05[4]; Ch. 85, Submission to Jury
and Verdict, § 85.05[1] (Matthew Bender).
CALCRIM No. 3575 POST-TRIAL: CONCLUDING
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