CACI No. 4009. Physical Restraint
Judicial Council of California Civil Jury Instructions (2023 edition)
Download PDF
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.
New June 2005
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 [127 Cal.Rptr. 618, 545 P.2d 1322].)
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
3 Witkin, California Procedure (5th ed. 2008) Actions, §§ 100, 104
2 California Conservatorship Practice (Cont.Ed.Bar) § 23.88
32 California Forms of Pleading and Practice, Ch. 361A, Mental Health and Mental
Disabilities: Judicial Commitment, Health Services, and Civil Rights, § 361A.42
(Matthew Bender)
1042
© Judicial Council of California.
