Section 200 | CALCRIM (Jury Instructions)

particular instruction that I am suggesting anything about the facts.]
After you have decided what the facts are, follow the instructions that do
apply to the facts as you find them.
New January 2006; Revised June 2007, April 2008, December 2008, September
2019, April 2020
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct that the jurors are the exclusive judges
of the facts and that they are entitled to a copy of the written instructions when they
deliberate. (Pen. Code, §§ 1093(f), 1137.) Although there is no sua sponte duty to
instruct on the other topics described in this instruction, there is authority approving
instruction on these topics.
In the first paragraph, select the appropriate bracketed alternative on written
instructions. Penal Code section 1093(f) requires the court to give the jury a written
copy of the instructions on request. The committee believes that the better practice
is to always provide the jury with written instructions. If the court, in the absence of
a jury request, elects not to provide jurors with written instructions, the court must
modify the first paragraph to inform the jurors that they may request a written copy
of the instructions.
Do not instruct a jury in the penalty phase of a capital case that they cannot
consider sympathy. (People v. Easley (1982) 34 Cal.3d 858, 875–880 [196 Cal.Rptr.
309, 671 P.2d 813].) Instead of this instruction, CALCRIM 761 is the proper
introductory instruction for the penalty phase of a capital case.
Do not give the bracketed sentence in the final paragraph if the court will be
commenting on the evidence pursuant to Penal Code section 1127.
AUTHORITY
•
Copies of Instructions. Pen. Code, §§ 1093(f), 1137.
•
Judge Determines Law. Pen. Code, §§ 1124, 1126; People v. Como (2002) 95
Cal.App.4th 1088, 1091 [115 Cal.Rptr.2d 922]; see People v. Williams (2001) 25
Cal.4th 441, 455 [106 Cal.Rptr.2d 295, 21 P.3d 1209].
•
Jury to Decide the Facts. Pen. Code, § 1127.
•
Attorney’s Comments Are Not Evidence. People v. Stuart (1959) 168 Cal.App.2d
57, 60–61 [335 P.2d 189].
•
Consider All Instructions Together. People v. Osband (1996) 13 Cal.4th 622, 679
[55 Cal.Rptr.2d 26, 919 P.2d 640]; People v. Rivers (1993) 20 Cal.App.4th 1040,
1046 [25 Cal.Rptr.2d 602]; People v. Shaw (1965) 237 Cal.App.2d 606, 623 [47
Cal.Rptr. 96].
•
Follow Applicable Instructions. People v. Palmer (1946) 76 Cal.App.2d 679,
686–687 [173 P.2d 680].
CALCRIM No. 200
POST-TRIAL: INTRODUCTORY
28

•
No Bias, Sympathy, or Prejudice. Pen. Code, § 1127h; People v. Hawthorne
(1992) 4 Cal.4th 43, 73 [14 Cal.Rptr.2d 133, 841 P.2d 118].
•
This Instruction Upheld. People v. Ibarra (2007) 156 Cal.App.4th 1174, 1185
[67 Cal.Rptr.3d 871].
RELATED ISSUES
Jury Misconduct
It is error to instruct the jury to immediately advise the court if a juror refuses to
deliberate or expresses an intention to disregard the law or to decide the case based
on penalty, punishment, or any other improper basis. (People v. Engelman (2002) 2