When a jury asks a question after retiring for deliberation, how does the court respond?

California, United States of America


The following excerpt is from People v. Gonzales, G054927 (Cal. App. 2019):

"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.'" (People v. Eid (2010) 187 Cal.App.4th 859, 881-882.) "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 under section 1138 to determine what additional explanations are sufficient to satisfy the jury's request for information. [Citation.] . . . But a court must do more than figuratively throw up its hands and tell the jury it cannot help. . . . 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.) We review a claim of error in responding to a jury question for abuse of discretion. (People v. Hodges (2013) 213 Cal.App.4th 531, 539.)

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