CALCRIM No. 768

When you go to the jury room, the first thing you should do is (choose a

foreperson/decide whether to retain the same foreperson). The

foreperson should see to it that your discussions are carried on in an

organized way and that everyone has a fair chance to be heard. Please

treat one another courteously.

It is your duty to talk with one another and to deliberate in the jury

room in order to agree on a penalty if you can. Each of you must decide

the penalty for yourself, but only after you have discussed the evidence

with the other jurors. Do not hesitate to change your mind if you

become convinced that you are wrong. But do not change your mind just

because other jurors disagree with you.

Keep an open mind and openly exchange your thoughts and ideas about

this case. Stating your opinions too strongly at the beginning or

immediately announcing how you plan to vote may interfere with an

open discussion.

Do not talk about the case or about any of the people or any subject

involved in it with anyone, including, but not limited to, your spouse or

other family, or friends, spiritual leaders or advisors, or therapists. Y ou

must discuss the case only in the jury room and only when all jurors are

present. Do not discuss your deliberations with anyone. Do not

communicate using: <insert currently popular social media>

during your deliberations.

It is very important that you not use the Internet (, a dictionary/[, or

<insert other relevant source of information>]) in any way in

connection with this case during your deliberations or at any time until

your jury service is completed.

[During the trial, several items were received into evidence as exhibits.

Y ou may examine whatever exhibits you think will help you in your

deliberations. (These exhibits will be sent into the jury room with you

when you begin to deliberate./If you wish to see any exhibits, please

request them in writing.)]

If you need to communicate with me while you are deliberating, send a

note through the bailiff, signed by the foreperson or by one or more

members of the jury. To have a complete record of this trial, it is

important that you not communicate with me except by a written note.

If you have questions, I will talk with the attorneys before I answer, so it

may take some time. Y ou should continue your deliberations while you

wait for my answer. I will answer any questions in writing or orally here

in open court.

Do not reveal to me or anyone else any aspect of your deliberations or

how the vote stands on the question of penalty unless I ask you to do so.

Y our verdict of either death or life without possibility of parole must be

unanimous. This means that, to return a verdict, all of you must agree to

it. [Do not reach a decision by the flip of a coin or by any similar act.]

<During a retrial, give the following paragraph on request to inform jury

about prior proceedings without introducing extraneous matters>

[Sometimes issues are tried in separate trials. The only issue in this trial

is the penalty.]

It is not my role to tell you what your verdict should be. [Do not take

anything I said or did during the trial as an indication of what I think

about the facts, the witnesses, or what your verdict should be.]

Y ou will be given [a] verdict form[s]. As soon as all jurors have agreed

on a verdict, the foreperson must date and sign the [appropriate] verdict

form[s] and notify the bailiff.

New March 2021