California Crimonal Jury Instructions-CALCRIM

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Criminal Jury Instructions Volume I

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CALCRIM Series 300

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California Criminal Jury Instructions
Volume I
Series 300 EVIDENCE
C. CHARACTER EVIDENCE

350. Character of Defendant

CALCRIM No. 350 EVIDENCE

You have heard character testimony that the defendant (is a _____________<insert character trait> person/ [or] has a good reputation for <insert character trait> in the community where (he/she) lives or works).

You may take that testimony into consideration along with all the other evidence in deciding whether the People have proved that the defendant is guilty beyond a reasonable doubt.

Evidence of the defendant’s character for______________ <insert

character trait> can by itself create a reasonable doubt. However, evidence of the defendant’s good character may be countered by evidence of (his/her) bad character for the same trait. You must decide the meaning and importance of the character evidence.

[If the defendant’s character for certain traits has not been discussed among those who know (him/her), you may assume that (his/her) character for those traits is good.]

New January 2006

BENCH NOTES

Instructional Duty

The court has no sua sponte duty to give an instruction on defendant’s character; however, it must be given on request. (People v. Bell (1875) 49 Cal. 485, 489–490 [jury should be instructed that evidence of good reputation should be weighed as any other fact established and may be sufficient to create reasonable doubt of guilt]; People v. Jones (1954) 42 Cal.2d 219, 222 [266 P.2d 38] [character evidence may be sufficient to create reasonable doubt of guilt]; People v. Wilson (1913)23 Cal.App. 513, 523–524 [138 P. 971] [court erred in failing to give requested instruction or any instruction on character evidence].)

AUTHORITY

• Instructional Requirements. People v. Bell (1875) 49 Cal. 485, 489–490;
People v. Wilson (1913) 23 Cal.App. 513, 523–524 [138 P. 971]; People

115.

CALCRIM 350. Character of Defendant Page 115
CALCRIM 350. Character of Defendant Page 116

(Pub 1284)

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

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