CA · jury_instructions
CALCRIM No. 3576
Substitution of Alternate Juror in Capital Case: After Guilt
Determination, Before Submission of Penalty Phase to Jury (Pen.
Code, § 1089)
One of your fellow jurors has been excused and an alternate juror has
been selected to take (his/her) place, as provided by law.
For the purposes of this phase of the trial, the alternate juror must
accept [all] the verdict[s] and finding[s] returned by the jury in the prior
phase[s] of the trial.
In this phase of the trial, you must now determine what penalty is
appropriate in light of the prior verdict[s] and finding[s] and all the
other evidence that bears on this question. The People and the
defendant[s] have the right to a verdict on the issue of penalty that is
reached only after full participation of the jurors whose votes determine
that verdict. This right may be assured only if the alternate juror
participates fully in the deliberations, including any necessary review of
the evidence presented in the prior phase[s] of this trial.
New January 2006
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
2c6a7afdfe375fab2b97a4bd143661dbef17a8175ed44485040d8d0404bda638
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