CALCRIM No. 100

[Jury service is very important and I would like to welcome you and

thank you for your service.] Before we begin, I am going to describe for

you how the trial will be conducted, and explain what you and the

lawyers and I will be doing. When I refer to “the People,” I mean the

attorney[s] from the (district attorney’s office/city attorney’s office/office

of the attorney general) who (is/are) trying this case on behalf of the

People of the State of California. When I refer to defense counsel, I

mean the attorney[s] who (is/are) representing the defendant[s],

<insert name[s] of defendant[s]>.

[The first step in this trial is jury selection.

During jury selection, the attorneys and I will ask you questions. These

questions are not meant to embarrass you, but rather to determine

whether you would be suitable to sit as a juror in this case.]

The trial will (then/now) proceed as follows: The People may present an

opening statement. The defense is not required to present an opening

statement, but if it chooses to do so, it may give it either after the

People’s opening statement or at the beginning of the defense case. The

purpose of an opening statement is to give you an overview of what the

attorneys expect the evidence will show.

Next, the People will offer their evidence. Evidence usually includes

witness testimony and exhibits. After the People present their evidence,

the defense may also present evidence but is not required to do so.

Because (he/she/they) (is/are) presumed innocent, the defendant[s] (does/

do) not have to prove that (he/she/they) (is/are) not guilty.

After you have heard all the evidence and [before] the attorneys (give/

have given) their final arguments, I will instruct you on the law that

applies to the case.

After you have heard the arguments and instructions, you will go to the

jury room to deliberate.

New January 2006; Revised June 2007