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
E. PARTICULAR TYPES OF EVIDENCE

370. Motive

CALCRIM No. 370 EVIDENCE

The People are not required to prove that the defendant had a motive to commit (any of the crimes/the crime) charged. In reaching your verdict you may, however, consider whether the defendant had a motive.

Having a motive may be a factor tending to show that the defendant is guilty. Not having a motive may be a factor tending to show the defendant is not guilty.

New January 2006

BENCH NOTES

Instructional Duty

The court does not have a sua sponte duty to instruct on motive. (People v. Romo (1975) 14 Cal.3d 189, 196 [121 Cal.Rptr. 111, 534 P.2d 1015] [not error to refuse instruction on motive].)

Do not give this instruction if motive is an element of the crime charged. (See, e.g., CALCRIM No. 1122, Annoying or Molesting a Child.)

AUTHORITY

· Instructional Requirements. People v. Romo (1975) 14 Cal.3d 189, 195–196 [121 Cal.Rptr. 111, 534 P.2d 1015]; People v. Young (1970) 9 Cal.App.3d 106, 110 [87 Cal.Rptr. 767].

· Jury May Consider Motive. People v. Brown (1900) 130 Cal. 591, 594 [62 P. 1072]; People v. Gonzales (1948) 87 Cal.App.2d 867, 877–878 [198 P.2d 81].

Proof of Presence or Absence of Motive Not Required. People v. Daly (1992) 8 Cal.App.4th 47, 59 [10 Cal.Rptr.2d 21]; People v. Scheer (1998) 68 Cal.App.4th 1009, 1017–1018 [80 Cal.Rptr.2d 676].

135.

CALCRIN NO. 370 . Motive Page 135
CALCRIM NO. 370. Motive Page 136

(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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