California Jury Instruction - Pinkerton Instruction
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How to fill out Jury Instruction - Pinkerton Instruction?
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FAQ
The rules are commonly referred to as CACI (pronounced "Casey"). The preceding civil jury instructions, called BAJI (for Book of Approved Jury Instructions) is no longer approved by state court rules. For criminal jury instructions, the approved instructions are CALCRIM (for California Criminal Jury Instructions).
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
There are two types of evidence; namely, direct evidence and circumstantial evidence. In this case, the People contend that there is circumstantial evidence of the defendant's guilt.
The CACI (pronounced ?kay-see?) set is California's ?official? set of plain-English instructions, published by the California Judicial Council. They are not mandatory. Electronic Access: On the Law Library's computers, using Lexis Advance.
Book of Approved Jury Instructions (BAJI) has been recognized for more than 50 years as the source for civil jury instructions in California. The instructions have been tested in court, and judges and lawyers are familiar with them.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
California Civil Jury Instruction 3113 addresses recklessness as a high probability that a person's conduct would cause harm, and he or she knowingly disregarded this risk.
CALCRIM number 224 states that, ?before your may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the evidence is that defendant is guilty.
Scott requested the court give CACI No. 413 which states: "You may consider customs or practices in the community in deciding whether defendant acted reasonably. Customs and practices do not necessarily determine what a reasonable person would have done in defendant's situation.
