California Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form is a set of standardized rules provided to jurors during a trial in California. These instructions serve as a guide to help jurors understand their role, the legal process, and the principles they are expected to follow. They are crucial for ensuring a fair and lawful trial. The purpose of the preliminary instructions before opening statements is to set the stage for the trial and provide the jurors with essential information. These instructions include highlighting key principles such as the presumption of innocence, burden of proof, and the requirement of unanimous agreement for a verdict. By outlining these important concepts at the beginning of the trial, jurors are better equipped to evaluate the evidence presented throughout the trial. The California Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form is often customized based on the specific case and legal instructions from the judge. It may cover a range of topics, including: 1. Presumption of Innocence: This instruction emphasizes that the defendant is considered innocent until proven guilty beyond a reasonable doubt. Jurors are directed to give the accused the benefit of this presumption throughout the trial. 2. Burden of Proof: This instruction explains that it is the prosecution's responsibility to prove the defendant's guilt beyond a reasonable doubt. Jurors are reminded that the defense does not have an obligation to prove innocence. 3. Meaning of Reasonable Doubt: This instruction defines reasonable doubt as a doubt based on reason and common sense and advises jurors that if after careful consideration, they are not firmly convinced of the defendant's guilt, they must vote not guilty. 4. Juror Conduct: This section outlines the expectations for juror conduct during the trial, including avoiding discussing the case with others and refraining from conducting personal research or seeking outside information. 5. Verdict Requirements: Jurors are informed about the requirement of unanimity for reaching a verdict. They are instructed that all jurors must agree on the verdict, whether it is guilty or not guilty. 6. Credibility Assessment: This instruction provides guidance on how jurors should evaluate witness credibility, considering factors such as demeanor, consistency, bias, and other relevant factors. 7. Note-Taking and Evidence: Jurors may be instructed on whether they are allowed to take notes during the trial and how they should treat evidence presented. These instructions may vary in content and format depending on the specific circumstances of the trial, the charges faced by the defendant, and the judge's discretion. It is essential for jurors to pay careful attention to the preliminary instructions, as they form the foundation upon which the trial will proceed. Following these instructions helps ensure a fair trial and a just outcome for all parties involved.
California Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form
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The Bluebook does not provide a format for the California jury instructions but the instructions provide their own suggested citation formats on the backs of their title pages: CACI Recommended Citation. CALCRIM Recommended Citation.
The opening statement should not contain argument; rather, it should be a factual statement that lasts from 10 to 30 minutes. Follow these guidelines to craft a winning and engaging opening statement that juries will remember.
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Juries in California are given California Jury Instruction CACI 418 or ?Presumption of Negligence per se? to help them determine when a defendant is negligent as a matter of law.
For a California statute, give the name of the code and the section number. For example, "Code of Civil Procedure, section 1011" or "Family Code, section 3461." For a federal statute, cite to the United States Code (abbreviated U.S.C.). For example, "28 U.S.C. section 351."
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
CITE THIS PUBLICATION: Judicial Council of California Civil Jury Instructions (2023 edition) Cite these instructions: ?CACI No. _________.? Cite these verdict forms: ?CACI No. VF-_________.? This edition of CACI includes a number of additions and changes to the instructions, which were first published in 2003.
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. ____."