CA · jury_instructions
CALCRIM No. 760
Death Penalty: Introduction to Penalty Phase
This [phase of the] trial is to determine (the/each) defendant’s penalty.
The law provides for two possible penalties: death or life in prison
without the possibility of parole. Y ou must decide which penalty (the/
each) defendant will receive.
[Y ou must disregard all of the instructions I gave you earlier. I will give
you a set of instructions that apply only to this phase of the trial. Some
of these instructions will be the same or similar to instructions you have
heard before. However, you must follow only this new set of instructions
in this phase of the trial.]
[The first step in this process is the opening statements.
Next, the People will offer evidence. Evidence usually includes witness
testimony and exhibits. After the People’s case, the defense (will/may)
also present evidence.
After you have heard all the evidence and [before] the attorneys 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 August 2014
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
de6a7d4c3caa0c340ee98997d35115a6d74ddb90d728963f32e2d01fcba51f47
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.