People v. Engelman

Opinion

GEORGE, C. J.

In this case we consider whether trial courts should advise juries in the terms of CALJIC No. 17.41.1, a recently drafted pattern jury instruction given in criminal cases. This instruction informs jurors at the outset of jury deliberations that “should . . . any juror refuse[] to deliberate or expressQ an intention to disregard the law or to decide the case based on penalty or punishment, or any other improper basis, it is the obligation of the other jurors to immediately advise the Court of the situation.” (CALJIC No. 17.41.1 (1998 new) (6th ed. 1996).)

We agree with the…