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

California, United States of America


The following excerpt is from People v. Banford, A140446 (Cal. App. 2015):

" 'When a jury asks a question after retiring for deliberation, "[s]ection 11385 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.' " (People v. Eid (2010) 187 Cal.App.4th 859, 881-882.) "Indeed, comments diverging from the standard [instructions] are often risky." (People v. Beardslee (1991) 53 Cal.3d 68, 97.) The trial court's obligation is to "consider how it can best aid the jury. It should decide as to each jury question whether further explanation is desirable, or whether it should merely

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