California Jury Instruction - Note-Taking - Not Permitted

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Multi-State
Control #:
US-11CRT-2-2
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Word; 
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Description

This is a model text for an instruction to jurors regarding the taking of notes. It explains that notes should not be taken, due to the desire that the collective memory of the jury be used during deliberations, and that all exhibits and recorded testimony will be made available to the jury at the time of deliberations. An annotation states that juror's note taking or not is within the discretion of the court.

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FAQ

Although only one state expressly prohibits this practice, in most jurisdictions whether members of a jury are allowed to take notes will depend upon the discretion of the judge.

A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."

CITE THIS BOOK: Judicial Council of California Criminal Jury Instructions (2021 edition) Cite these instructions: ?CALCRIM No. _______.? This 2021 Edition of CALCRIM includes all of the revised Judicial Council of California Criminal Jury Instructions approved by the Judicial Council in March 2021.

Further, this jury instruction makes clear that a person does not have to run away: ?An accused is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of death or great bodily injury has passed.

Section 236.1 - Human trafficking (a)A person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand ...

Failure to Explain or Deny Adverse Evidence.

2023 California Rules of Court Jurors must be permitted to take written notes in all civil and criminal trials. At the beginning of a trial, a trial judge must inform jurors that they may take written notes during the trial. The court must provide materials suitable for this purpose.

CALCRIM 2689 Jury Instructions describes the factors needed to prove disturb the peace with loud and unreasonable noise. It has to be proven the noise was used to maliciously disturb someone in public, presented a danger of immediate violence, or the noise was used on purpose to disrupt a lawful activity.

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California Jury Instruction - Note-Taking - Not Permitted