California, United States of America
The following excerpt is from People v. Delvillar, F069224 (Cal. App. 2018):
In criminal cases, "[s]ection 1138 imposes upon the court a duty to provide the jury with information the jury desires on points of law." (People v. Smithey (1999) 20
Page 28
Cal.4th 936, 985, fn. omitted.) "The court has a primary duty to help the jury understand the legal principles it is asked to apply. [Citation.] This does not mean the court must always elaborate on the standard instructions. Where the original instructions are themselves full and complete, the court has discretion ... to determine what additional explanations are sufficient to satisfy the jury's request for information. [Citation.] ... [Citation.] ... It should decide as to each jury question whether further explanation is desirable, or whether it should merely reiterate the instructions already given." (People v. Beardslee (1991) 53 Cal.3d 68, 97.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.