When a jury asks a question after retiring for deliberation, does the court have an obligation to provide the jury with the standard instructions?

California, United States of America


The following excerpt is from People v. Ford, A137496 (Cal. App. 2014):

"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.'" (People v. Eid (2010) 187 Cal.App.4th 859, 881-882.) While the court "has an obligation to rectify any confusion expressed by the jury regarding instructions, [it] has discretion to determine what additional explanations are sufficient to satisfy the jury's request for information." (People v. Smithey (1999) 20 Cal.4th 936, 1009.)

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