What are the jury's instructions to completely disregard the fact that defendant had been physically restrained?

California, United States of America


The following excerpt is from People v. Murphy, E062132 (Cal. App. 2016):

The jury was also given CALCRIM No. 337, which instructed it to "completely disregard" the fact that defendant had been restrained. It stated: "During a period of time the Defendant was physically restrained. Do not speculate about the reason. You must completely disregard this circumstance in deciding the issues in this case. Do not consider it for any purpose or discuss it during your deliberations." We presume that the jury followed the court's instructions. (People v. Cruz (2001) 93 Cal.App.4th 69, 74.) Given the brevity of the handcuffing and removal incident, and the unequivocal jury instruction to completely disregard it, the handcuffing and removal incident could not have affected the jury's verdicts or findings.

Other Questions


Does a jury have to consider whether a jury has been instructed to disregard an instruction from the Court of Appeal that is not supported by how the jury views the evidence? (California, United States of America)
Can a defendant have a 40-minute discussion with counsel regarding jury instructions prior to a hearing on jury instructions? (California, United States of America)
Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
What is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury? (California, United States of America)
Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
Is giving the instruction to the jury too late in the trial of a defendant a breach of the law, or does the court have a duty to properly instruct the jury? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
What are the legal adequacy of jury instructions in a case where a jury was instructed to acquit a defendant of unreasonable self-defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.