CALCRIM No. 767. Jurors’ Responsibility During Deliberation in Death Penalty Case

Judicial Council of California Criminal Jury Instructions (2022 edition)

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767.Jurors’ Responsibility During Deliberation 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, September 2020
BENCH NOTES
Instructional Duty
This instruction may be given on request and must be given in response to a jury
question about commutation of sentence. (People v. Letner and Tobin (2010) 50
Cal.4th 99, 204-207 [112 Cal.Rptr.3d 746, 235 P.3d 62]; 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]; People v.
Ramos (1984) 37 Cal.3d 136, 159, fn. 12 [207 Cal.Rptr. 800, 689 P.2d 430]).
SECONDARY SOURCES
3 Witkin & Epstein, California Criminal Law (4th ed. 2012) Punishment, § 589.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 87, Death
Penalty, § 87.02 (Matthew Bender).
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