CALCRIM No. 775

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

[Y ou must disregard all the instructions I gave you earlier and decide

this phase of the trial applying only the instructions that I am giving you

now. 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 defendant is intellectually disabled.

In order to establish that (he/she) is intellectually disabled, the defendant

must prove by a preponderance of the evidence that:

1. (His/Her) general intellectual functioning is significantly below

average;

2. (He/She) also has deficits in two or more areas of adaptive

behavior;

AND

3. These conditions were observable before the defendant reached

the end of the developmental period.

Adaptive behavior is the set of learned skills that people generally need to

function in their everyday lives. Those skill areas include communication,

self-care, home-living, social/interpersonal skills, use of community

resources, self-direction, functional academic skills, work, leisure, health

and safety.

Proof by a preponderance of the evidence is a different standard than

proof beyond a reasonable doubt. To meet the burden of proof by a

preponderance of the evidence, the defendant must prove that it is more

likely than not that (he/she) is intellectually disabled. If the defendant

has not met this burden, you must find that (he/she) has not proved that

(he/she) is intellectually disabled. In order to return a finding that the

defendant is or is not intellectually disabled, you must all agree on that

finding.

New January 2006; Revised October 2021