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CA · jury_instructions

CALCRIM No. 101

Cautionary Admonitions: Jury Conduct (Before, During, or

activein force · 2024-01-01 – presentcompiled-edition

After Jury Is Selected)

Our system of justice requires that trials be conducted in open court

with the parties presenting evidence and the judge deciding the law that

applies to the case. It is unfair to the parties if you receive additional

information from any other source because that information may be

unreliable or irrelevant and the parties will not have had the opportunity

to examine and respond to it. Y our verdict must be based only on the

evidence presented during trial in this court and the law as I provide it

to you.

During the trial, do not talk about the case or about any of the people or

any subject involved in the case with anyone, not even your family,

friends, spiritual advisors, or therapists. Y ou may only say that you are

on a jury and the anticipated length of the trial, and you may inform

others of scheduling and emergency contact information. Do not share

any information about the case by any means of communication,

including in writing, by email, by telephone, on the Internet, social

media, Internet chat rooms, and blogs. Y ou must not talk about these

things with other jurors either, until you begin deliberating.

As jurors, you may discuss the case together only after all of the

evidence has been presented, the attorneys have completed their

arguments, and I have instructed you on the law. After I tell you to

begin your deliberations, you may discuss the case only in the jury room,

and only when all jurors are present.

Y ou must not allow anything that happens outside of the courtroom to

affect your decision [unless I tell you otherwise]. During the trial, do not

read, listen to, or watch any news report or commentary about the case

from any source.

Do not use the Internet (, a dictionary/[, or <insert other

relevant source of information or means of communication>]) in any way

in connection with this case, either on your own or as a group. Do not

investigate the facts or the law or do any research regarding this case or

any of its participants. Do not conduct any tests or experiments, or visit

the scene of any event involved in this case. If you happen to pass by the

scene, do not stop or investigate.

[If you have a cell phone or other electronic device, keep it turned off

while you are in the courtroom and during jury deliberations. An

electronic device includes any data storage device. If someone needs to

contact you in an emergency, the court can receive messages that it will

deliver to you without delay.]

During the trial, do not speak to a defendant, witness, lawyer, or anyone

associated with them. Do not listen to anyone who tries to talk to you

about the case or about any of the people or subjects involved in it. If

someone asks you about the case, tell him or her that you cannot discuss

it. If that person keeps talking to you about the case, you must end the

conversation.

If you receive any information about this case from any source outside of

the trial, even unintentionally, do not share that information with any

other juror. If you do receive such information, or if anyone tries to

influence you or any juror, you must immediately tell the bailiff.

Keep an open mind throughout the trial. Do not make up your mind

about the verdict or any issue until after you have discussed the case

with the other jurors during deliberations. Do not take anything I say or

do during the trial as an indication of what I think about the facts, the

witnesses, or what your verdict should be.

Y ou must not let bias, sympathy, prejudice, or public opinion influence

your assessment of the evidence or your decision. Bias can affect what

we notice and pay attention to, what we see and hear, what we

remember, how we perceive people, and how we make decisions. We may

favor or be more likely to believe people whom we see as similar to us or

with whom we identify. Conversely, we may disfavor or be less likely to

believe people whom we see as different.

Although we are aware of some of our biases, we may not be aware of

all of them. We refer to those biases as “implicit” or “unconscious.”

They may be based on stereotypes we would reject if they were brought

to our attention. Implicit or unconscious biases can affect how we

perceive others and how we make decisions, without our being aware of

their effect.

Y ou must not be biased in favor of or against any party, witness,

attorney, defendant[s], or alleged victim because of his or her disability,

gender, nationality, national origin, race or ethnicity, religion, gender

identity, sexual orientation, [or] age (./,) [or socioeconomic status] (./,) [or

<insert any other impermissible form of bias>.]

Y ou must reach your verdict without any consideration of punishment.

I want to emphasize that you may not use any form of research or

communication, including electronic or wireless research or

communication, to research, share, communicate, or allow someone else

to communicate with you regarding any subject of the trial. [If you

violate this rule, you may be subject to jail time, a fine, or other

punishment.]

When the trial has ended and you have been released as jurors, you may

discuss the case with anyone. [But under California law, you must wait

CALCRIM No. 101 PRETRIAL

at least 90 days before negotiating or agreeing to accept any payment for

information about the case.]

New January 2006; Revised June 2007, April 2008, December 2008, April 2010,

October 2010, April 2011, February 2012, August 2012, August 2014, September

2019, April 2020, September 2023

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2024
Content hash
10734b703a0009a10444308a3fa844ba868b1cf0b74eda44c8e64827b1387617
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