CALCRIM (Jury Instructions) Section 2611. been told that he or she will be called as a witness[,]/ [or] if he or she knows material information relating to the
CALCRIM (Jury Instructions) § 2611
been told that he or she will be called as a witness[,]/ [or] if he or she
knows material information relating to the issues in a case that has been
or may be filed). [Information is material if it is significant or
important.]]
[The (witness/ [or] person giving information) does not need to (have
accepted the bribe[,]/ have been influenced by the bribe[,]/ [or] have
failed to attend (the trial[,]/ [or]
<insert type of other judicial
proceeding>)).]
[Offering a bribe does not require specific words or behavior, as long as
the language used and the circumstances clearly show an intent to
ensure that the witness will not attend (a trial/ [or]
<insert
type of other judicial proceeding>). [The thing offered does not need to
actually be given, exist at the time it is offered, or have a specific value.]]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give the bracketed sentence that begins with “The (witness/person giving
information) does not need” if the evidence shows the witness did not accept the
bribe or follow through on the bribe.
Give the bracketed definition of “offering a bribe” if the prosecution is pursuing this
theory. Give the bracketed sentence that begins, “The thing offered does not need to
actually,” on request.
AUTHORITY
•
Elements. Pen. Code, § 138(a).
•
Witness Defined. Pen. Code, § 136(2).
•
Bribe Defined. Pen. Code, § 7, subd. 6.
•
Corruptly Defined. Pen. Code, § 7, subd. 3.
•
About to Be Called as a Witness. People v. Broce (1977) 76 Cal.App.3d 71,
75–76 [142 Cal.Rptr. 628].
•
Meaning of Understanding or Agreement. People v. Pic’l (1982) 31 Cal.3d 731,
738–740 [183 Cal.Rptr. 685, 646 P.2d 847]; People v. Diedrich (1982) 31 Cal.3d
263, 273–274 [182 Cal.Rptr. 354, 643 P.2d 971]; People v. Gliksman (1978) 78
Cal.App.3d 343, 346–350 [144 Cal.Rptr. 451].
•
Intent Requirement. People v. Gliksman (1978) 78 Cal.App.3d 343, 346–350
[144 Cal.Rptr. 451].
•
Offering a Bribe. People v. Britton (1962) 205 Cal.App.2d 561, 564 [22
Cal.Rptr. 921].
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2611
499
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 2611. been told that he or she will be called as a witness[,]/ [or] if he or she knows material information relating to the. This means people must follow this rule, and breaking it can lead to criminal penalties.