Section 3576 | CALCRIM (Jury Instructions)

E.
ALTERNATES
3575. Substitution of Alternate Juror: During Deliberations (Pen.
Code, § 1089)
One of your fellow jurors has been excused and an alternate juror has
been selected to join the jury.
Do not consider this substitution for any purpose.
The alternate juror must participate fully in the deliberations that lead
to any verdict. The People and the defendant[s] have the right to a
verdict reached only after full participation of the jurors whose votes
determine that verdict. This right will only be assured if you begin your
deliberations again, from the beginning. Therefore, you must set aside
and disregard all past deliberations and begin your deliberations all over
again. Each of you must disregard the earlier deliberations and decide
this case as if those earlier deliberations had not taken place.
Now, please return to the jury room and start your deliberations from
the beginning.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction if an alternate juror has
been seated. (People v. Collins (1976) 17 Cal.3d 687, 693–694 [131 Cal.Rptr. 782,
552 P.2d 742], overruled on other grounds in People v. Boyette (2002) 29 Cal.4th
381, 462, fn. 19 [127 Cal.Rptr.2d 544, 58 P.3d 391].)
If an alternate juror is seated during the penalty phase of a capital trial but prior to
submission of the penalty phase to the jury, give CALCRIM No. 3576, Substitution
of Alternate Juror in Capital Case: After Guilt Determination, Before Submission of
Penalty Phase to Jury.
AUTHORITY
•
Statutory Authority to Seat Alternate Juror. Pen. Code, § 1089.
•
Jury Must Be Instructed to Disregard Previous Deliberations. People v. Collins
(1976) 17 Cal.3d 687, 693–694 [131 Cal.Rptr. 782, 552 P.2d 742], overruled on
other grounds in People v. Boyette (2002) 29 Cal.4th 381, 462, fn. 19 [127
Cal.Rptr.2d 544, 58 P.3d 391]; People v. Renteria (2001) 93 Cal.App.4th 552,
559 [113 Cal.Rptr.2d 287].
SECONDARY SOURCES
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 615.
1107

(that/those) special circumstance[s] that the jury found to be true, the alternate
juror must accept that those matters have been proved beyond a reasonable
doubt. [Similarly, for ((that/those) offense[s] for which the jury returned a
verdict of not guilty/ [and] for (that/those) special circumstance[s] that the jury
found (was/were) not proved), the alternate juror must accept that (that/those)
matter[s] (has/have) not been proved beyond a reasonable doubt.] [The alternate
juror must also accept the jury’s finding at the sanity phase of this trial.]
If the defendant requests an instruction on lingering doubt regarding guilt, the court
should review the instruction approved of in People v. Cain, supra, 10 Cal.4th at pp.
64–65. However, the court has no sua sponte duty to instruct on lingering doubt.
(People v. Cunningham, supra, 25 Cal.4th at p. 1030.)
AUTHORITY
•
Statutory Authority to Seat Alternate Juror. Pen. Code, § 1089.
•
Alternate J