New January 2006

BENCH NOTES

Instructional Duty

This instruction is designed to be given when murder is charged on theories of malice and felony murder to help the jury distinguish between the two theories. This instruction should be given after the court has given any applicable instructions on defenses to homicide and before CALCRIM No. 520, Murder With Malice Aforethought.

If there is evidence of multiple acts from which the jury might conclude that the defendant killed the decedent, the court may be required to give CALCRIM No. 3500, Unanimity. (See People v. Dellinger (1984) 163 Cal.App.3d 284, 300–302 [209 Cal.Rpt. 503] [error not to instruct on unanimity where evidence that the victim was killed either by blunt force or by injection of cocaine].) Review the Bench Notes for CALCRIM No. 3500 discussing when a unanimity instruction is required.

321.

(Pub 1284)

Copyright 2008 Judicial Council of California. 

External Links-Links to Official Site
Complete Text of the 2008 Criminal Jury Instructions-Official Site
CALCRIM Table of Contents 24 categories of instructions-Official Site 
December 2008 Supplement to the Criminal Jury Instruction- Official Site
User's Guide Official Site

Internal Links
California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents 
California Jury Instructions-CALCRIM-Vol. 1. General Instructions