California Criminal Jury Instructions (CALCRIM) (2017)

852b. Evidence of Charged Domestic Violence

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852B.Evidence of Charged Domestic Violence
The People presented evidence that the defendant committed the
crime[s] of <insert description of offense[s]> charged in
Count[s] <insert count[s] of domestic violence offense[s]
charged in this case>.
If the People have proved beyond a reasonable doubt that the defendant
committed one or more of these crimes, you may, but are not required
to, conclude from that evidence that the defendant was disposed or
inclined to commit domestic violence offenses, and based on that
decision, also conclude that the defendant was likely to commit [and did
commit] the other domestic violence offenses charged in this case.
If you find that the defendant committed one or more of these crimes,
that conclusion is only one factor to consider along with all the other
evidence. It is not sufficient by itself to prove that the defendant is
guilty of another crime. The People must still prove (the/each) (charge/
[and] allegation) beyond a reasonable doubt.
New March 2017
BENCH NOTES
Instructional Duty
The court must give this instruction on request if the People rely on charged
offenses as evidence of predisposition to commit similar crimes charged in the
same case. (Evid. Code § 355.)
Related Instructions
CALCRIM No. 375, Evidence of Uncharged Offense to Prove Identity, Intent,
Common Plan, etc.
CALCRIM No. 1191A, Evidence of Uncharged Sex Offense.
CALCRIM No. 1191B, Evidence of Charged Sex Offense.
CALCRIM No. 852A, Evidence of Uncharged Domestic Violence.
CALCRIM No. 853A, Evidence of Uncharged Abuse of Elder or Dependent
Person.
CALCRIM No. 853B, Evidence of Charged Abuse of Elder or Dependent Person.
AUTHORITY
• Charged Offenses Proved Beyond a Reasonable Doubt May Be Evidence of
Propensity.People v. Cruz (2016) 206 Cal.Rptr.3d 835, 2 Cal.App.5th 1178,
1186–1186]; People v. Villatoro (2012) 54 Cal.4th 1152, 1161 [144 Cal.Rptr.3d
401, 281 P.3d 390].
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Secondary Sources
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial,
§§ 720–722.
1 Witkin, California Evidence (5th ed. 2012) Circumstantial Evidence, §§ 101, 102.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,
Evidence, § 83.12[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.13 (Matthew Bender).
ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 852B
569
0057