California Criminal Jury Instructions (CALCRIM) (2017)

767. Response to Juror Inquiry During Deliberations About Commutation of Sentence in Death Penalty Case

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767.Response to Juror Inquiry During Deliberations About
Commutation of Sentence in Death Penalty Case
It is your responsibility to decide which penalty is appropriate for the
defendant in this case. Base your decision only on the evidence you have
heard in court and on the instructions that I have given you. Do not
speculate or consider anything other than the evidence and my
instructions.
New April 2010; Revised April 2011
BENCH NOTES
Instructional Duty
This instruction should be given only in response to a jury question about
commutation of sentence or at the request of the defendant. (People v. Ramos
(1984) 37 Cal.3d 136, 159, fn. 12 [207 Cal.Rptr. 800, 689 P.2d 430]). “The key in
Ramos is whether the jury raises the commutation issue so that it ‘cannot be
avoided.’ ” (People v. Bramit (2009) 46 Cal.4th 1221, 1251 [96 Cal.Rptr.3d 574,
210 P.3d 1171] (conc. opn. of Moreno, J.)) Commutation instructions are proper,
however, when the jury implicitly raises the issue of commutation. No direct
question is necessary. (People v. Beames (2007) 40 Cal.4th 907, 932 [55
Cal.Rptr.3d 865, 153 P.3d 955].)
AUTHORITY
Instructional Requirements. Pen. Code, § 190.3; People v. Letner and Tobin
(2010) 50 Cal.4th 99, 204–207 [112 Cal.Rptr.3d 746, 235 P.3d 62].
Secondary Sources
3 Witkin & Epstein, California Criminal Law (3d ed. 2000) Punishment, § 496.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 87, Death
Penalty, § 87.02 (Matthew Bender).
768–774. Reserved for Future Use
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