California Criminal Jury Instructions (CALCRIM) (2017)

706. Special Circumstances: Jury May Not Consider Punishment

Download PDF
706.Special Circumstances: Jury May Not Consider Punishment
In your deliberations, you may not consider or discuss penalty or
punishment in any way when deciding whether a special circumstance,
or any other charge, has been proved.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct the jury not to consider penalty or
punishment when deciding on the special circumstances or other charges. (People v.
Robertson (1982) 33 Cal.3d 21, 36 [188 Cal.Rptr. 77, 655 P.2d 279]; People v. Holt
(1984) 37 Cal.3d 436, 458 [208 Cal.Rptr. 547, 690 P.2d 1207] [jury may not
consider punishment in deciding on special circumstances].)
AUTHORITY
• Duty to Instruct. People v. Robertson (1982) 33 Cal.3d 21, 36 [188 Cal.Rptr.
77, 655 P.2d 279].
• Jury May Not Consider Punishment. People v. Holt (1984) 37 Cal.3d 436,
458 [208 Cal.Rptr. 547, 690 P.2d 1207].
427
0221