In what circumstances will the court allow a jury to interpret the meaning of a word or phrase?
California, United States of America
The following excerpt is from People v. Bailey, C080974 (Cal. App. 2018):
The court must attempt to clear up any confusion over the instructions brought to its attention by the jury. (People v. Yarbrough (2008) 169 Cal.App.4th 303, 316.) However, "Where the original instructions are themselves full and complete, the court
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has discretion under section 1138 to determine what additional explanations are sufficient to satisfy the jury's request for information." (People v. Beardslee (1991) 53 Cal.3d 68, 97.) A word or phrase has a technical or legal meaning requiring clarification if its statutory definition differs from the commonly understood meaning. (People v. Estrada (1995) 11 Cal.4th 568, 574-575.) We review a claim of error under section 1138 for an abuse of discretion. (People v. Waidla (2000) 22 Cal.4th 690, 745-746.)
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