California Civil Jury Instructions (CACI)

4009. Physical Restraint

The fact that respondent has been brought before the court in physical restraints is not evidence of grave disability. You must not speculate on the reasons for such restraints.

Directions for Use

When the restraints are concealed from the jury's view, this instruction should not be given unless requested by the conservatee since it might invite initial attention to the restraints and, thus, create prejudice, which would otherwise be avoided. (People v. Duran (1976) 16 Cal.3d 282, 292 [545 P.2d 1322, 127 Cal.Rptr. 618].)

In Conservatorship of Warrack (1992) 11 Cal.App.4th 641, 647 [14 Cal.Rptr. 2d 99], the court held that a proposed conservatee in a jury trial under the LPS Act may not be physically restrained unless the trial court follows the procedures outlined in People v. Duran, supra, 16 Cal.3d at pp. 288-290.

Sources and Authority

"The court in People v. Duran, held that where physical restraints are visible to the jury the trial court must give a cautionary instruction advising the jurors such restraints are not evidence of the defendant's guilt (disability) and that the jury should not speculate as to the reasons for such restraints. The court erred in failing to so instruct in this case." (Conservatorship of Warrack, supra, 11 Cal.App.4th at p. 648, internal citation omitted.)

Secondary Sources

2 California Conservatorship Practice (Cont.Ed.Bar 2005), § 23.88

(New June 2005)