CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title

0.50 Pre-Trial Admonition 100 Trial Process (Before or During Voir Dire) 0.50 Pre-Trial Admonition 124 Separation Admonition 1.00 Respective Duties of Judge and Jury 200 Duties of Judge and Jury 1.01 Instructions to be Considered as a Whole 200 Duties of Judge and Jury 1.02 Statements of Counsel/Evidence/Insinuations/Stipulations 104 Evidence 1.03 Juror Forbidden to Make Indep. Investigation 101 Cautionary Admonitions: Jury Conduct After Selection 1.03 Juror Forbidden to Make Indep. Investigation 121 Duty to Abide by Translation Provided in Court 1.03 Juror Forbidden to Make Indep. Investigation 201 Do Not Investigate 1.04 Deft. Physically Restrained - Cautionary Instr. 204 Defendant Physically Restrained (sua sponte if visible) 1.04 Deft. Physically Restrained - Cautionary Instr. 337 Witness in Custody of Physically Restrained 1.05 Juror's Use of Notes 102 Note-Taking 1.05 Juror's Use of Notes 202 Note-Taking 1.06 Identification of Parties & Crimes Charged 203 Multiple Defendants (sua sponte) 1.08 Sign Language or CART Interpreter in Jury Room 120 Service Provider for Juror: Beginning of Trial 1.08 Sign Language or CART Interpreter in Jury Room 3531 Service Provider for Juror with Disability 1.11 "Defendant" - Singular Includes Plural 203 Multiple Defendants (sua sponte) 1.12 Anonymity of Alleged Victim 123 Witness Identified as John or Jane Doe (sua sponte) 1.20 "Willfully" - Defined 250 Union of Act and Intent - General Intent 1.21 "Knowingly" - Defined 250 Union of Act and Intent - General Intent 1.22 "Malice" and "Maliciously" - Defined 520 Murder with Malice Aforethought 1.23 "Consent" - Defined 1800 Theft by Larceny 1.23 "Consent" - Defined 1805 Theft by Trick 1.23.1 "Consent" - Defined in (Sex Crimes) 1000 Rape or Spousal Rape by Force, Fear or Threats 1.23.1 "Consent" - Defined in (Sex Crimes) 1002 Rape of Intoxicated Woman or Spouse 1.23.1 "Consent" - Defined in (Sex Crimes) 1003 Rape of Unconscious Woman or Spouse 1.23.1 "Consent" - Defined in (Sex Crimes) 1015 Oral Copulation by Force, Fear or Threats 1 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 1.23.1 "Consent" - Defined in (Sex Crimes) 1017 Oral Copulation of an Intoxicated Person 1.23.1 "Consent" - Defined in (Sex Crimes) 1030 Sodomy by Force, Fear or Threats 1.23.1 "Consent" - Defined in (Sex Crimes) 1032 Sodomy of an Intoxicated Person 1.23.1 "Consent" - Defined in (Sex Crimes) 1045 Sexual Penetration by Force, Fear or Threats 1.23.1 "Consent" - Defined in (Sex Crimes) 1047 Sexual Penetration of an Intoxicated Person 1.23.2 "Prevented from Resisting" (Sex Crimes) 1002 Rape of Intoxicated Woman or Spouse 1.23.2 "Prevented from Resisting" (Sex Crimes) 1003 Rape of Unconscious Woman or Spouse 1.23.2 "Prevented from Resisting" (Sex Crimes) 1017 Oral Copulation of an Intoxicated Person 1.23.2 "Prevented from Resisting" (Sex Crimes) 1018 Oral Copulation of an Unconscious Person 1.23.2 "Prevented from Resisting" (Sex Crimes) 1032 Sodomy of an Intoxicated Person 1.23.2 "Prevented from Resisting" (Sex Crimes) 1033 Sodomy of an Unconscious Person 1.23.2 "Prevented from Resisting" (Sex Crimes) 1047 Sexual Penetration of an Intoxicated Person 1.23.2 "Prevented from Resisting" (Sex Crimes) 1048 Sexual Penetration of an Unconscious Person 1.24 "Possession" - Defined 1800 Theft by Larceny 1.24 "Possession" - Defined 2500 Illegal Possession, etc., of Weapon 1.25 "Minor" - Defined 1070 Unlawful Sexual Intercourse - Defendant 21 or Older Unlawful Sex. Intercourse - Minor More Than 3 Years 1.25 "Minor" - Defined 1071 Younger Misd. Unlawful Sex. Intercourse: Minor w/I 3 years of Def's 1.25 "Minor" - Defined 1072 Age 1.25 "Minor" - Defined 1081 Oral Copulation with Minor- Defendant 21 or Older 1.25 "Minor" - Defined 1101 Sexual Penetration with Minor-Deft. 21 or Older 1.25 "Minor" - Defined 1140 Showing/Sending Harmful Material to Seduce a Minor 1.25 "Minor" - Defined 1141 Distributing (Child Pornography) 1.25 "Minor" - Defined 1180 Incest with a Minor 1.26 "Peace Officer" - Defined 524 Second Degree Murder: Peace Officer 1.26 "Peace Officer" - Defined 602 Attempted Murder: Peace Officer or Firefighter Assault on Firefighter or Peace Officer with DW or GBI 1.26 "Peace Officer" - Defined 860 Force 2 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title Assault on Firefighter/Peace Officer with Stun Gun or 1.26 "Peace Officer" - Defined 861 Taser 1.26 "Peace Officer" - Defined 900 Assault of Firefighter or Peace Officer 1.26 "Peace Officer" - Defined 945 Battery Against Peace Officer 1.26 "Peace Officer" - Defined 981 Brandishing Firearm in Presence of Peace Officer 1.26 "Peace Officer" - Defined 2180 Evading Peace Officer: Death or Serious Bodily Injury 1.26 "Peace Officer" - Defined 2181 Evading Peace Officer: Reckless Driving 1.26 "Peace Officer" - Defined 2182 Evading Peace Officer: Misdemeanor 1.26 "Peace Officer" - Defined 2670 Lawful Performance: Peace Officer 1.28 "Driver/Driving" - Defined 2241 Driver and Driving Defined 2.00 Direct and Circumstantial Evidence - Inferences 104 Evidence 2.00 Direct and Circumstantial Evidence - Inferences 222 Evidence 2.00 Direct and Circumstantial Evidence - Inferences 223 Direct and Circumstantial Evidence: Defined 2.01 Sufficiency of Circumstantial Evidence - Generally 224 Circumstantial Evidence: Sufficiency of Evidence 2.02 Circumstantial Evid. re Specific Intent/Mental State 225 Circumstantial Evidence: Intent or Mental State 2.03 Consciousness of Guilt - Falsehood 362 Consciousness of Guilt: False Statements Consciousness of Guilt: Suppression and Fabrication of 2.04 Efforts by Defendant to Fabricate Evidence 371 Evid. Consciousness of Guilt: Suppression and Fabrication of 2.05 Efforts Other than by Deft. to Fabricate Evidence 371 Evid. Consciousness of Guilt: Suppression and Fabrication of 2.06 Efforts to Suppress Evidence 371 Evid. 2.07 Evidence Limited to one Defendant Only 304 Multiple Defendants: Limited Admissibility of Evidence Multiple Defs: Limited Admissibility of Defendant's 2.08 Statement Limited to One Defendant Only 305 Statement 2.09 Evidence Limited as to Purpose 303 Limited Purpose Evidence in General 2.10 Statement Made by Defendant to Physician 360 Statements to an Expert 2.11 Production of All Available Evid. Not Required 300 All Available Evidence 2.11.5 Unjoined Perpetrators of Same Crime 373 Other Perpetrator

3 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 2.12 Weighing Transcript Testimony of Unavailable Wit. 317 Former Testimony of Unavailable Witness 2.13 Prior Consistent or inconsistent Statements as Evid. 318 Prior Statements as Evidence 2.13 Prior Consistent or inconsistent Statements as Evid. 319 Prior Statements of Unavailable Witness 2.13.1 Prior Inconsistent Statement IVO Miranda 356 Miranda-Defective Statements Possession of Recently Stolen Property as Evidence of 2.15 Possession of Stolen Property 376 Crime 2.16 Dog Tracking Evidence 374 Dog Tracking Evidence 2.20 Believability of Witness 105 Witnesses 2.20 Believability of Witness 226 Witnesses 2.20.1 Evaluation of Testimony of Child < 10 Years 330 Testimony of Child 10 Years of Age or Younger 2.21.1 Discrepancies in Testimony 226 Witnesses 2.21.1 Discrepancies in Testimony 302 Evaluating Conflicting Evidence 2.21.2 Witness Willfully False 226 Witnesses 2.22 Weighing Conflicting Testimony 302 Evaluating Conflicting Evidence Additional Instructions on Witness Credibility - Other 2.23 Believability of Witness - Conviction of Felony 316 Conduct Additional Instructions on Witness Credibility - Other 2.23.1 Believability of Witness - Commission of Misd. 316 Conduct 2.24 Character for Honesty or Truthfulness 226 Witnesses 2.25 Refusal of Wit. to Testify - Priv. Against Self-Incrimination 320 Exercise of Privilege by Witness 2.27 Sufficiency of Testimony of One Witness 301 Single Witness' Testimony 2.28 Failure to Timely Produce Evidence 306 Untimely Disclosure of Evidence 2.40 Traits of Character of Defendant 350 Character of Defendant 2.42 Cross-Examination of Character Witness 351 Cross-Examination of Character Witness Evid. Of Uncharged Offense to Prove ID, Intent, Common 2.50 Evidence of Other Crimes 375 Plan, etc. 2.50.01 Evidence of Other Sexual Offenses 1191 Evidence of Uncharged Sex Offense 2.50.02 Evidence of Other Domestic Violence 852 Evidence of Uncharged Domestic Violence

4 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title Evidence of Uncharged Abuse of Elder or Dependent 2.50.03 Evidence of Other Elder Abuse Offenses 853 Person Evid. Of Uncharged Offense to Prove ID, Intent, Common 2.50.1 Evid. Of Other Crimes - Preponderance of the Evid. 375 Plan, etc. Evid. Of Uncharged Offense to Prove ID, Intent, Common 2.50.2 Definition of Preponderance of the Evidence 375 Plan, etc. 2.51 Motive 370 Motive 2.52 Flight After Crime 372 Defendant's Flight 2.60 Defendant Not Testifying - No Inference of Guilt 355 Defendant's Right Not to Testify 2.61 Defendant May Rely on State of Evidence 355 Defendant's Right Not to Testify 2.62 Defendant Testifying -Adverse Inference Drawn 361 Failure to Explain or Deny Adverse Testimony 2.70 Confession and Admission - Defined 356 Miranda-Defective Statements 2.70 Confession and Admission - Defined 357 Adoptive Admissions 2.71 Admission - Defined 356 Miranda-Defective Statements 2.71 Admission - Defined 357 Adoptive Admissions 2.71.5 Adoptive Admission - Silence, False or Evasive Reply 357 Adoptive Admissions 2.71.7 Pre-Offense Statement by Defendant 358 Evidence of Defendant's Statements 2.72 Corpus Delicti Must be Proved Independently 359 Corpus Delicti: Independent Evidence of a Charged Crime 2.80 Expert Testimony - Qualifications of Expert 332 Expert Witness Testimony 2.81 Opinion Testimony of Law Witness 333 Opinion Testimony of Law Witness 2.82 Hypothetical Questions 332 Expert Witness Testimony 2.83 Resolution of Conflicting Expert Testimony 332 Expert Witness Testimony 2.90 Presump. of Innocence - Reasonable Doubt 103 Reasonable Doubt 2.90 Presump. of Innocence - Reasonable Doubt 207 Proof Need Not Show Actual Date 2.90 Presump. of Innocence - Reasonable Doubt 220 Reasonable Doubt 2.90 Presump. of Innocence - Reasonable Doubt 221 Reasonable Doubt: Bifurcated Trial 2.91 Burden of Proving Identity re Eyewitnesses 315 Eyewitness Identification 2.92 Factors to Consider re Eyewitness Testimony 315 Eyewitness Identification

5 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 3.00 Principals - Defined 400 Aiding and Abetting: General Principles 3.01 Aiding and Abetting - Defined 401 Aiding and Abetting: Intended Crimes Natural & Probable Conseq. Doctrine (Target & Non- 3.02 Principals-Liability for Natural/Probable Consequences 402 Target Offenses) Natural & Probable Conseq. (Only Non-target Offenses 3.02 Principals-Liability for Natural/Probable Consequences 403 Charged) 3.03 Termination of Liability of Aider and Abettor 401 Aiding and Abetting: Intended Crimes 3.04 Compelling Another to Commit Crime 443 Compelling Another to Commit Crime 3.10 Accomplice Defined 334 Accomplice Testimony Must be Corroborated 3.11 Testimony of Accomplice must be Corroborated 334 Accomplice Testimony Must be Corroborated 3.12 Sufficiency of Evid. To Corroborate Accomplice 334 Accomplice Testimony Must be Corroborated 3.12 Sufficiency of Evid. To Corroborate Accomplice 335 Accomplice Testimony: Witness is an Accomplice 3.13 One Accomplice May not Corroborate Another 334 Accomplice Testimony Must be Corroborated 3.13 One Accomplice May not Corroborate Another 335 Accomplice Testimony: Witness is an Accomplice 3.14 Criminal Intent Necessary re Accomplice 334 Accomplice Testimony Must be Corroborated 3.15 Concerning Feigned or Pretended Accomplice 334 Accomplice Testimony Must be Corroborated 3.16 Witness Accomplice as Matter of Law 334 Accomplice Testimony Must be Corroborated 3.17 Accomplice - Person Under 14 years 334 Accomplice Testimony Must be Corroborated 3.18 Accomplice Testimony to be Viewed with Caution 334 Accomplice Testimony Must be Corroborated 3.18 Accomplice Testimony to be Viewed with Caution 335 Accomplice Testimony: Witness is an Accomplice 3.19 Burden of Proving Corrob. Wit. Is Accomplice 334 Accomplice Testimony Must be Corroborated 3.20 Cautionary Instruction - In-Custody Informant 336 In-Custody Informant 3.30 General Criminal Intent 250 Union of Act and Intent - General Intent Union of Act and Intent-General and Specific Intent 3.30 General Criminal Intent 252 Together 3.31 Specific Intent 251 Union of Act and Intent-Specific Intent or Mental State Union of Act and Intent-General and Specific Intent 3.31 Specific Intent 252 Together 3.31.5 Mental State 251 Union of Act and Intent-Specific Intent or Mental State 6 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title Mental Impairment: Defense to Specific Intent/Mental 3.32 Evid. Of Mental Disease - Limited Purpose 3428 State 3.33 Act Alone - No Intent Involved 254 Union of Act and Intent: Strict Liability Crime 3.35 Concurrence of Act and Crim. Negligence 253 Union or Act and Intent: Criminal Negligence 3.36 Criminal or Gross Negligence - Defined 253 Union or Act and Intent: Criminal Negligence Involuntary Mansl.: Failure to Perf. Legal Duty - Murder 3.36 Criminal or Gross Negligence - Defined 582 Not Charged Reasonable Person Standard for Physically Disabled 3.37 Impaired Physical Faculties - Amount of Caution 3429 Person 3.40 Cause - "But For" Test 240 Causation 3.41 More Than One Cause/Concurrent Cause 240 Causation Mental Impairment: Defense to Specific Intent/Mental 4.00 Defense of Insanity 3428 State 4.00 Defense of Insanity 3450 Insanity: Determination, Effect of Verdict 4.01 Effect of Verdict of Not Guilty by Reason of Insanity 3450 Insanity: Determination, Effect of Verdict 4.02 Insanity Resulting from Intoxication, Drugs or Narc. 3450 Insanity: Determination, Effect of Verdict 4.03 Temporary Insanity 3450 Insanity: Determination, Effect of Verdict 4.04 Insanity - Lucid Intervals 3450 Insanity: Determination, Effect of Verdict 4.05 Insanity - "Irresistible Impulse" 3450 Insanity: Determination, Effect of Verdict 4.10 Doubt of Present Mental Competence 3451 Present Mental Competence of Defendant 4.15 Restoration of Sanity 3452 Determining Restoration of Sanity 4.16 Concluding Instruction - Restoration of Sanity 3452 Determining Restoration of Sanity 4.17 Proceedings to Extent Commitment 3453 Extension of Commitment 4.17.1 Defense of Medication 3453 Extension of Commitment 4.19 Commitment as Sexually Violent Predator 3454 Commitment as Sexually Violent Predator 4.20 Volun. Intox. - Not Defense to General Intent Crimes 3426 Voluntary Intoxication 4.21 Voluntary Intoxication re Specific Intent 625 Voluntary Intoxication: Effect on Homicide Crimes 4.21 Voluntary Intoxication re Specific Intent 3426 Voluntary Intoxication 4.21.1 Voluntary Intox. -General & Specific Intent Crimes 625 Voluntary Intoxication: Effect on Homicide Crimes 7 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 4.21.1 Voluntary Intox. -General & Specific Intent Crimes 3426 Voluntary Intoxication 4.21.2 Voluntary Intoxication - Aider and Abettor 404 Intoxication 4.21.2 Voluntary Intoxication - Aider and Abettor 3426 Voluntary Intoxication 4.22 Voluntary Intoxication - Defined 625 Voluntary Intoxication: Effect on Homicide Crimes 4.22 Voluntary Intoxication - Defined 3426 Voluntary Intoxication 4.23 Involuntary Intoxication - Consideration 3427 Involuntary Intoxication 4.30 Unconscious Act - Defined - Burden of Proof 3425 Unconsciousness 4.31 Presumption of Consciousness 3425 Unconsciousness 4.35 Ignorance or Mistake of Fact 3406 Mistake of Fact 4.36 Ignorance or Mistake of Law 3407 Defenses: Mistake of Law 4.40 Duress - Threats and Menaces 3402 Duress or Threats 4.43 Defense of Necessity - General 3403 Necessity 4.44 Defense of Necessity - Escape from Prison 2764 Escape: Necessity Defense 4.45 Accident or Misfortune 3404 Accident 4.47 Defense of Idiocy 3455 Idiocy as a Defense 4.50 Alibi 3400 Alibi 4.51 Alibi - Aider and Abettor or Co-conspirator 3400 Alibi 4.60 Entrapment - When a Defense - Burden of Proof 3408 Entrapment 4.61 Entrapment - Objective Test - Guidance 3408 Entrapment 4.61.5 Entrapment - Permissible & Impermissible Conduct 3408 Entrapment 4.62 When Acts of Detective May not be Imputed to Accused 3409 When Conduct of Officer May not be Attributed to Def. 4.70 Limitation of Action 3410 Statute of Limitations 4.71 Proof Need Not Show Exact Time of Crime 207 Proof Need Not Show Actual Date 4.71 Proof Need Not Show Exact Time of Crime 3410 Statute of Limitations 4.71.5 Proof Must Show Specific Act(s) w/I Time Alleged 3410 Statute of Limitations 4.72 Time Factor when Particular Time Elected 3410 Statute of Limitations 4.73 Time Defendant Out of State 3410 Statute of Limitations 4.74 Limitation of Action - Fraud, Theft, etc. 3410 Statute of Limitations 8 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 5.00 Excusable Homicide - Lawful Act 510 Excusable Homicide: Accident 5.01 Excusable Homicide - Heat of Passion 511 Excusable Homicide: Accident in the Heat of Passion 5.12 Justifiable Homicide in Self-Defense 505 Justifiable Homicide: Self-Defense or Def. Of Another 5.13 Justifiable Homicide - Defense of Self or Another 505 Justifiable Homicide: Self-Defense or Def. Of Another 5.14 Homicide in Defense of Another 505 Justifiable Homicide: Self-Defense or Def. Of Another 5.15 Murder - Burden of Proof re Justification or Excuse 505 Justifiable Homicide: Self-Defense or Def. Of Another 5.16 Forcible and Atrocious Crime - Defined 505 Justifiable Homicide: Self-Defense or Def. Of Another 5.17 Actual But Unreasonable Defense - Manslaughter 571 Voluntary Manslaughter: Imperfect Self-Defense - LIO 5.25 Lawful Arrest or Keeping the Peace 508 Justifiable Homicide: Citizen Arrest (Non-Peace Officer) Justifiable Homicide: Non-Peace Officer Preserving the 5.25 Lawful Arrest or Keeping the Peace 509 Peace 5.26 Justifiable Homicide - By Public Officers 507 Justifiable Homicide: By Public Officer 5.30 Self-Defense Against Assault 3470 Right to Self-Defense or Def. of Another (Non-Homicide) 5.31 Assault with Fist - When use of DW not Justified 3470 Right to Self-Defense or Def. of Another (Non-Homicide) 5.32 Use of Force in Defense of Another 3470 Right to Self-Defense or Def. of Another (Non-Homicide) 5.40 Defense of Property - Ejection of Trespasser 3475 Right to Eject Trespasser From Real Property 5.42 Resisting an Intruder Upon One's Property 506 Justifiable Homicide: Defending Home or Property 5.42 Resisting an Intruder Upon One's Property 3476 Right to Defense Real or Personal Property 5.43 Force That May be Used in Defense of Property 506 Justifiable Homicide: Defending Home or Property 5.43 Force That May be Used in Defense of Property 3476 Right to Defense Real or Personal Property Presump. that Resident was Reasonably Afraid of Death 5.44 Presumption of Fear or Death/GBI 3477 or GBI 5.50 Self-Defense - Assailed Person need not Retreat 3470 Right to Self-Defense or Def. of Another (Non-Homicide) 5.50.1 Prior Threats/Assaults by Victim 3470 Right to Self-Defense or Def. of Another (Non-Homicide) 5.51 Self-Defense - Actual Danger not Necessary 3470 Right to Self-Defense or Def. of Another (Non-Homicide) 5.52 Self-Defense - When Danger Ceases 3474 Danger No Longer Exists or Attacker Disabled 5.53 Self-Defense Not an Excuse After Adversary Disabled 3474 Danger No Longer Exists or Attacker Disabled 5.54 Self-Defense by an Aggressor 3471 Right to Self-Defense: Mutual Combat or Initial Aggressor

9 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 5.55 Plea of Self-Defense May not be Contrived 3472 Right to Self-Defense: May Not be Contrived 5.56 Self-Defense - Participants in Mutual Combat 3471 Right to Self-Defense: Mutual Combat or Initial Aggressor 6.00 Attempt - Defined 460 Attempt Other Than Attempted Murder 6.01 Abandonment of Attempt - When not a Defense 460 Attempt Other Than Attempted Murder 6.02 Abandonment of Attempt - When a Defense 460 Attempt Other Than Attempted Murder 6.10 Conspiracy and Overt Act - Defined 415 Conspiracy 6.10.5 Conspiracy & Overt Act - Not Pleaded as a Crime 416 Evidence of Uncharged Conspiracy 6.11 Conspiracy - Joint Responsibility 417 Liability for Coconspirators' Acts 6.12 Conspiracy - Proof of Exp. Agreement not Necessary 415 Conspiracy 6.13 Assn. Alone does not Prove Membership in Conspir. 415 Conspiracy 6.14 Acquaintance with all Co-Conspirator not Necessary 415 Conspiracy 6.16 When Not Liable for Act/Declaration of Co-Conspirator 417 Liability for Co-conspirators' Acts 6.17 Not Bound by Act/Declaration of Non-conspirator 417 Liability for Co-conspirators' Acts 6.18 Act In Furtherance Does not Itself Prove Membership 417 Liability for Co-conspirators' Acts Acts Committed or Statements Made Before Joining 6.19 Joining Conspiracy After its Formation 419 Conspiracy 6.20 Withdrawal From Conspiracy 420 Withdrawal From Conspiracy 6.21 Liability for Acts After Termination from Conspiracy 417 Liability for Co-conspirators' Acts 6.22 Conspiracy - Case Considered as to Each Deft. 415 Conspiracy 6.23 Conspiracy, Substantive Crimes, and Overt Acts 415 Conspiracy 6.24 Admissibility of Co-Conspirator's Statements 418 Coconspirators' Statements 6.25 Directions for Finding Objects of Conspiracy 415 Conspiracy 6.26 Jury Finding - Objects of Conspiracy 415 Conspiracy 6.35 Solicitation 441 Solicitation: Elements 6.36 Solicitation of a Minor 442 Solicitation of a Minor 6.40 Accessories 440 Accessories 6.50 Gang Crimes 1400 Active Participation in Criminal Street Gang 17.00 Several Defendants - Decide Separately- Disagreements 203 Multiple Defendants (sua sponte)

10 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 17.01 Verdict Based on More Than One Unlawful Act 3500 Unanimity 17.01 Verdict Based on More Than One Unlawful Act 3501 Unanimity: When Generic Testimony of Offense Presented Unanimity: When Prosecution Elects One Act Among 17.01 Verdict Based on More Than One Unlawful Act 3502 Many 17.02 Several Counts-Distinct Crimes-Jury Must Find on Each 3515 Multiple Counts: Separate Offenses 17.03 Two Counts -Same Occurrence-Only One Crime 3516 Multiple Counts: Alternative Charges for One Event 17.04 PC 496 & VC 10851 - 1 OR 2 Crimes Committed (none) Deliberations: LIOs/Degrees - without Stone Instructions 17.10 Conviction of LIO or LRO - Implied Acquittal - First 3517 (Non-Homicide) Deliberations: LIOs/Degrees - Stone Instructions (Non- 17.11 Conviction of Lesser Degree 3518 Homicide) Deliberations: LIOs/Degrees - Stone Instructions (Non- 17.12 Jury May Return Partial Verdict-Express Acquittal First 3518 Homicide) 17.15 Defendant Armed in Commission of Crime 3115 Armed with Firearm, PC 12022(a)(1) Armed with Firearm: Assault Weapon/machine gun PC 17.15 Defendant Armed in Commission of Crime 3116 12022(a)(2) Armed with Firearm: Knowledge Co-participant Armed PC 17.15 Defendant Armed in Commission of Crime 3117 12022(d) 17.16 Personal Use of Dangerous/Deadly Weapon 3145 Personally Used Deadly Weapon 17.16.1 Personally Armed with Firearm 1402 Gang-Related Firearm Enhancement Possession of Assault Weapon/Rifle Charged as Crime & 17.16.1 Personally Armed with Firearm 2561 Enhance. Possession of Assault Weapon/Rifle Charged as 17.16.1 Personally Armed with Firearm 2562 Enhancement 17.16.2 Armed Deft. Not Physically Present re Drugs/Weapon 2303 Poss. Of Controlled Substance While Armed with Firearm 17.17 Loss in Excess of Specified Amount 3220 Amount of Loss 17.17.1 Aggravated White Collar Enhancement 3221 Aggravated White Collar Crime 17.18 Prison Prior - Trial Not Bifurcated 3102 Prior Conviction: Prison Prior 17.18.1 Prison Prior - Bifurcated Trial 3102 Prior Conviction: Prison Prior 17.19 Personal Use of Firearm 3146 Personally Used Firearm 11 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title Personally Used Firearm: assault weapon/machine 17.19 Personal Use of Firearm 3147 gun/.50 BMG rifle 17.19.1 Personal Use of Firearm or DW - Sex Crimes 3130 Personally Armed with Deadly Weapon 17.19.5 Intentional and Personal Discharge of Firearm/GBI 3148 Personally Used Firearm: Intentional Discharge Personally Used Firearm: Intentional Discharge Causing 17.19.5 Intentional and Personal Discharge of Firearm/GBI 3149 Injury or Death Personally Used Firearm: Intentional Discharge AND 17.19.5 Intentional and Personal Discharge of Firearm/GBI 3150 Causing Injury or Death 17.20 Infliction of Great Bodily Injury 3160 Great Bodily Injury 17.20 Infliction of Great Bodily Injury 3161 GBI: Causing Victim to Become Comatose/Paralyzed 17.20 Infliction of Great Bodily Injury 3162 Great Bodily Injury: Age of Victim 17.20 Infliction of Great Bodily Injury 3163 Great Bodily Injury: Domestic Violence 17.20.1 Infliction of Great Bodily Injury - Sex Crimes 3160 Great Bodily Injury 17.21 H & S Code §§11370.4/11379.8 Enhancements 3200 Controlled Substance: Quantity Controlled Substance: Quantity - Manufacture of Con. 17.21 H & S Code §§11370.4/11379.8 Enhancements 3201 Substance 17.23 Personally Armed with Prior Conviction 3131 Personally Armed with Firearm Personally Armed with Firearm: Unlawfully Armed When 17.23 Personally Armed with Prior Conviction 3132 Arrested 17.24 Enhancements 1807 Theft from Elder or Dependent Adult 17.24 Enhancements 3222 Characteristics of Victim Enhancement, Sentencing Factor, Factual Issues: 17.24.1 Miscellaneous Enhancements/Allegations 3250 Template Enhancement, Sentencing Factor, etc.: Template- 17.24.1 Miscellaneous Enhancements/Allegations 3251 Bifurcated Trial 17.24.2 Street Gang Enhancement 1401 Felony Committed for Benefit of Criminal Street Gang 17.24.3 Evid. Of Gang Activity - Limiting Instruction 1403 Limited Purpose of Evidence of Gang Activity 17.24.5 Felony Interference with Civil Rights 1355 Hate Crime Allegation: Misdemeanor 17.25 Prior Felony Conviction - Jury Duty to Find 3100 Prior Conviction: Non-bifurcated Trial

12 CALJIC-CALCRIM COMPARISON MATRIX (Frequently Used CALJIC Instructions)

CALJIC CALJIC Title CALCRIM CALCRIM Title 17.25 Prior Felony Conviction - Jury Duty to Find 3103 Prior Conviction: Factual Issue for Jury 17.25 Prior Felony Conviction - Jury Duty to Find 3260 Duty of Jury: Verdict Form for Enhancement, etc. 17.26 Prior Felony Conviction - Bifurcated Trial 3101 Prior Conviction: Bifurcated Trial 17.28.2 Refusal to Take or Complete FSTs - DUI Case 2131 Refusal Enhancement 17.29 Implied Consent - Choice of Tests 2131 Refusal Enhancement 17.30 Jury not to Take Cue from the Judge 3530 Judge's Comment on the Evidence 17.31 All Instructions Not Necessarily Applicable 200 Duties of Judge and Jury 17.32 Judge's Comment on Evidence 3530 Judge's Comment on the Evidence 17.40 Individual Opinion Required - Duty to Deliberate 3550 Pre-Deliberation Instruction 17.41 How Jurors Should Approach Their Task 3550 Pre-Deliberation Instruction 17.42 Jury Must Not Consider Penalty - Non-Capital Case 200 Duties of Judge and Jury 17.43 Jury Deliberations 3550 Pre-Deliberation Instruction 17.45 Manner of Recording Instructions - Content Governs 200 Duties of Judge and Jury 17.46 Jury Not to Speculate as to Partial Acquittal by Court 205 Charge Removed From Jury Consideration 17.46 Jury Not to Speculate as to Partial Acquittal by Court 206 One or More Defendants Removed from Case 17.47 Admonition Against Disclosure of Jury Balloting 3550 Pre-Deliberation Instruction Deliberations: LIOs/Degrees - without Stone Instructions 17.49 Use of Multiple Verdict Forms-Implied Acquittal First 3517 (Non-Homicide) 17.50 Concluding Instructions 3550 Pre-Deliberation Instruction 17.51 Substitution of Juror After Deliberations Begun 3575 Substitution of Alternate Juror: During Deliberations Substitution of Alt. Juror in Capital Case: After Guilt 17.51.1 Substitution of Juror During or for Penalty Phase 3576 Determination 17.52 Separation Admonition 124 Separation Admonition 17.53 Admonition to Alternate Jurors 3577 Instructions to Alternate on Submission of Case to Jury 17.54 Electronic Communication Devices - Prohibition 3550 Pre-Deliberation Instruction 17.60 Post Verdict Juror Admonition / Order 3590 Final Instruction on Discharge of Jury Testimony of Person w/ Developmental, Cognitive or (none) 331 Mental Disability

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