When a jury asks a jury a question after retiring for deliberation, does the court have a duty to provide the jury with additional instructions?

California, United States of America


The following excerpt is from People v. Martinez, G057186 (Cal. App. 2020):

"When a jury asks a question after retiring for deliberation, '[s]ection 1138 imposes upon the court a duty to provide the jury with information the jury desires on points of law.' [Citation.] But '[t]his 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 under section 1138 to determine what additional explanations are sufficient to satisfy the jury's request for information.' [Citation.] We review for an abuse of discretion any error under section 1138. [Citation.]" (People v. Eid (2010) 187 Cal.App.4th 859, 881-882.) The trial court's refusal to offer any further instruction without first considering how it can assist the jury is an abuse of discretion. (People v. Lua (2017) 10 Cal.App.5th 1004, 1016-1017.)

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