California Penal Code Section 1137 - Interpretation

In California, the established law is to the contrary. Penal Code section 1137 specifies that the jury may take into the jury room "all papers (except depositions) which have been received as evidence in the cause, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession." Section 1137 reads in full: "Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the cause, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them the written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person. the court shall provide for the custody and safekeeping of such items." Transcripts of testimony or interviews given by witnesses which have been admitted in evidence may be given to the jury for consideration during deliberations. (People v. Fujita (1974) 43 Cal.App.3d 454, 473; People v. Beverly (1965) 233 Cal.App.2d 702, 718.) And in People v. Douglas (1977) 66 Cal.App.3d 998, 1001, the jury was allowed to listen during deliberations to a tape recording of the entry into defendant's residence by an undercover police officer to make a purchase of heroin. In response to the defendant's claim that the tape recording was improperly given to the jury, the court concluded: "The tape recording had been admitted into evidence without objection. 'The law allows the jury to take with them into the jury room all exhibits except depositions.'" (Id. at p. 1006.)