California Crimonal Jury Instructions-CALCRIM

CaliforniaJuryInstructions.Net

BankruptcyCode.US

California

United States Law.US

Criminal Jury Instructions Volume I

US Government

CALCRIM Series 400

US Tax Center

California Criminal Jury Instructions
Volume I
Series 400
AIDING AND ABETTING, INCHOATE, AND
ACCESSORIAL CRIMES
A. AIDING AND ABETTING AND RELATED DOCTRINES

CALCRIM No. 404

404. Intoxication

If you conclude that the defendant was intoxicated at the time of the alleged crime, you may consider this evidence in deciding whether the defendant:

A. Knew that__________ <insert name ofperpetrator>

intended to commit_________________ <insert target offense>;

AND

B. Intended to aid and abet_________ <insert name of

perpetrator> in committing____________________ <insert target

offense>.

Someone is intoxicated if he or she (took[,]/ [or] used[,]/[or] was given) any drug, drink, or other substance that caused an intoxicating effect.

[Do not consider evidence of intoxication in deciding whether
_____________ <insert charged nontarget offense> is a natural and probable consequence of _________________<insert target offense>.]

New January 2006

BENCH NOTES

Instructional Duty

The court has no sua sponte duty to instruct on voluntary intoxication; however, the trial court must give this instruction on request. (See People v. Ricardi (1992) 9 Cal.App.4th 1427, 1432 [12 Cal.Rptr.2d 364]; People v. Castillo (1997) 16 Cal.4th 1009, 1014 [68 Cal.Rptr.2d 648, 945 P.2d 1197]; People v. Saille (1991) 54 Cal.3d 1103, 1119 [2 Cal.Rptr.2d 364, 820 P.2d 588] [in context not involving aiding and abetting].) Although voluntary intoxication is not an affirmative defense to a crime, the jury may consider evidence of voluntary or involuntary intoxication and its effect on a defendant’s ability to form specific mental states. (Pen. Code, §§ 22, 26; People v. Mendoza (1998) 18 Cal.4th 1114, 1131–1134 [77 Cal.Rptr.2d 428, 959 P.2d 735]; People v. Scott (1983) 146 Cal.App.3d 823, 832 [194 Cal.Rptr. 633].)

Give the last bracketed paragraph on request if the defendant was charged

174.

CALCRIM No. 404. Intoxication Page 174
CALCRIM No. 404. Intoxication Page 175
CALCRIM No. 404. Intoxication Page 176

(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

A Legal and Business Portal