Chapter 16 Jury Instructions and Deliberations

• Jurisdiction: United States

Chapter 16 Jury Instructions and Deliberations

Apprendi Motion

Any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt. Apprendi v. New Jersey (2000) 530 U.S. 466. Sentencing enhancements must be decided by the jury. Prior convictions that increase punishment must also be decided by the jury unless the defendant waives this right. See also Cunningham v. California (2007) 549 U.S. 270; Blakely v. Washington (2004) 542 U.S. 296.

Instructing the Jury

A court must instruct the jury on the general principles of law relevant to the case. Cal. Penal Code §§1093(f), 1093.5 and 1127. A judge will ask for the attorneys' input on which instructions to present to the jury. The judge must read the instructions orally to the jury prior to their deliberations. A judge has discretion to read the instructions prior to closing arguments or upon conclusion of the closing arguments.

Lesser Offenses

A lesser included offense is a crime for which all the elements of a lesser crime are the same elements found in the more serious crime. Even absent a request, a judge has a duty to instruct the jury on a lesser offense if it appears there is substantial evidence to support consideration by a jury. A defendant cannot be convicted of both a greater and lesser offense.

A lesser-related offense is a crime that does not include all the elements of the greater offense but contains similar elements. Instructing on a lesser-related offense is never mandatory by the court.

Juror Substitution

Cal. Penal Code §1089 allows for the discharge of a sitting juror for good cause only. If the case has not gone into deliberation phase, the issue is usually easily resolved with substitution by an alternate juror. However, if the trial has entered the deliberation phase, this is a very tricky issue with high potential for error.

A court should use extreme caution when replacing a deliberating juror with a new juror. Removal will not be proper if the juror has been deliberating and his or her opinion of the verdict is merely different from the remaining jurors. Removal may be proper if the juror refuses to deliberate or refuses to follow the law. But a court is limited in its inquiry so as not to impose upon the sanctity of jury deliberations. People v. Cleveland (2001) 25 Cal.4th 466.

Jury Question

While a jury is deliberating, they often have questions regarding the evidence or the law. Under Cal. Penal...