An attorney for the (People/defense) failed to disclose: <describe evidence that was not disclosed> [within the legal time period].

In evaluating the weight and significance of that evidence, you may consider the effect, if any, of that late disclosure.

[However, the fact that the defendant’s attorney failed to disclose evidence [within the legal time period] is not evidence that the defendant committed a crime.]

<Consider for multiple defendant cases>

[You must not consider the fact that an attorney for defendant
____________ <insert defendant’s name> failed to disclose evidence when you decide the charges against defendant[s] <insert names of other defendant[s]>.]

BENCH NOTES

Instructional Duty

While the court has discretion to give an instruction on untimely disclosure of evidence (Pen. Code, § 1054.5(b)), in view of criticism of similar instructions (see People v. Bell (2004) 118 Cal.App.4th 249, 254–257 [12 Cal.Rptr.3d 808]; People v. Cabral (2004) 121 Cal.App.4th 748, 752–753 [17 Cal.Rptr.3d 456]; People v. Saucedo (2004) 121 Cal.App.4th 937, 942–943 [17 Cal.Rptr.3d 692]), the court should consider whether giving this instruction could jeopardize the defendant’s right to a fair trial if the jury were to attribute a defense attorney’s malfeasance to the defendant.

This instruction addresses a failure to comply with Penal Code requirements. If the court imposes additional sanctions, it may choose to instruct the jury accordingly. (See People v. Zamora (1980) 28 Cal.3d 88, 103 [167 Cal.Rptr. 573, 615 P.2d 1361]; People v. Edwards (1993) 17 Cal.App.4th 1248, 1265

83.

(Pub 1284)

Copyright 2008 Judicial Council of California. 

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