CALCRIM No. 761

I will now instruct you on the law that applies to this [phase of the] case.

[I will give you a copy of the instructions to use in the jury room.] [Each

of you has a copy of these instructions to use in the jury room.]

[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.]

Y ou must decide whether (the/each) defendant will be sentenced to death

or life in prison without the possibility of parole. It is up to you and you

alone to decide what the penalty will be. [In reaching your decision,

consider all of the evidence from the entire trial [unless I specifically

instruct you not to consider something from an earlier phase].] Do not

allow bias, prejudice, or public opinion to influence your opinion in any

way.

Y ou must follow the law as I explain it to you, even if you disagree with

it. If you believe that the attorneys’ comments on the law conflict with

my instructions, you must follow my instructions.

Pay careful attention to all of these instructions and consider them

together. If I repeat any instruction or idea, do not conclude that it is

more important than any other instruction or idea just because I

repeated it.

Some words or phrases used during this trial have legal meanings that

are different from their meanings in everyday use. These words and

phrases will be specifically defined in these instructions. Please be sure to

listen carefully and follow the definitions that I give you. Words and

phrases not specifically defined in these instructions are to be applied

using their ordinary, everyday meanings.

Some of these instructions may not apply, depending on your findings

about the facts of the case. [Do not assume just because I give a

particular instruction that I am suggesting anything about the facts.]

After you have decided what the facts are, follow the instructions that

apply to the facts as you find them.

New January 2006; Revised March 2023