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Keeping Alive The Adversarial Process Under CALCRIM; Different Committee--Same Challenge
By Tom Lundy
Jury Instruction columns.
By promulgating the new CALCRIM jury instructions the Judicial Council has attempted to usher in a new era of jury instruction jurisprudence in California. However, while there is lots about CALCRIM that is new, the challenges and opportunities for criminal defense practitioners will be much the same as they were under CALJIC. This column will offer ideas and strategies for responding to these challenges and opportunities.
What’s Different About CALCRIM?
There are crucial differences between CALCRIM and CALJIC in terms of substance and perceived stature. For example, the CALCRIM Committee totally jettisoned CALJIC and produced a set of instructions that substantially differs from CALJIC in content and approach. Thus, much of the existing appellate authority regarding CALJIC instructions will become obsolete and new litigation will be required to resolve the myriad of issues which will inevitably emanate from CALCRIM. But even more important than these substantive changes is CALCRIM’s a
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