CALCRIM No. 642

When Defendant Is Charged With Second Degree Murder and Jury

Is Given Not Guilty Forms for Each Level of Homicide

[For each count charging second degree murder,] (Y/y)ou (have been/will

be) given verdict forms for guilty and not guilty of second degree

murder (, /and) [voluntary manslaughter (, /and)] [involuntary

manslaughter].

It is up to you to decide the order in which you consider these different

kinds of homicide and the relevant evidence. For example, you do not

have to reach a verdict on the murder charge[s] before considering the

(voluntary manslaughter/ [(and/or)] involuntary manslaughter) charge[s].

However, I can accept a verdict of guilty or not guilty of [voluntary] [or]

[involuntary] manslaughter only if all of you have found the defendant

not guilty of second degree murder.

[As with all of the charges in this case,] (To/to) return a verdict of guilty

or not guilty on a count, you must all agree on that decision.

Follow these directions before you give me any completed and signed

final verdict form[s]. [Return the unused verdict form[s] to me,

unsigned.]

1. If all of you agree that the People have proved beyond a

reasonable doubt that the defendant is guilty of second degree

murder, complete and sign that verdict form. Do not complete or

sign any other verdict forms [for that count].

2. If all of you cannot agree whether the defendant is guilty of

second degree murder, inform me that you cannot reach an

agreement and do not complete or sign any verdict forms [for

that count].

2. <In addition to paragraphs 1–2, give the following if the jury is

instructed on only one form of manslaughter (voluntary or

involuntary) as a lesser included offense.>

[3. If all of you agree that the defendant is not guilty of second

degree murder but also agree that the defendant is guilty of

(voluntary/involuntary) manslaughter, complete and sign the form

for not guilty of second degree murder and the form for guilty of

(voluntary/involuntary) manslaughter. Do not complete or sign

any other verdict forms [for that count].

4. If all of you agree that the defendant is not guilty of second

degree murder but cannot agree whether the defendant is guilty

of (voluntary/involuntary) manslaughter, complete and sign the

form for not guilty of second degree murder and inform me that

you cannot reach further agreement. Do not complete or sign any

other verdict forms [for that count].

5. If all of you agree that the defendant is not guilty of second

degree murder and not guilty of (voluntary/involuntary)

manslaughter, complete and sign the verdict forms for not guilty

of both.]

5. <In addition to paragraphs 1–2, give the following if the jury is

instructed on both voluntary and involuntary manslaughter as lesser

included offenses.>

[3. If all of you agree that the defendant is not guilty of second

degree murder, complete and sign the form for not guilty of

second degree murder.

4. If all of you agree on a verdict of guilty or not guilty of voluntary

manslaughter or involuntary manslaughter, complete and sign the

appropriate verdict form for each charge on which you agree. Do

not complete or sign any other verdict forms [for that count].

You may not find the defendant guilty of both voluntary and

involuntary manslaughter [as to any count].

5. If you cannot reach agreement as to voluntary manslaughter or

involuntary manslaughter, inform me of your disagreement. Do

not complete or sign any verdict form for any charge on which

you cannot reach agreement.]

New August 2009; Revised September 2024