BENCH NOTES

Instructional Duty

The court is not required to give this instruction sua sponte; however, it should be given on request. (See generally Pen. Code, §§ 1093(f), 1127; People v. Pitts (1990) 223 Cal.App.3d 606, 880, 881 [273 Cal.Rptr. 757].)

AUTHORITY

• Instructional Requirements. People v. Simms (1970) 10 Cal.App.3d 299, 313 [89 Cal.Rptr. 1].

Secondary Sources

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82, Witnesses, Ch. 83, Evidence (Matthew Bender).

RELATED ISSUES Willful Suppression of or Failure to Obtain Evidence

Willful suppression of evidence by the government constitutes a denial of a fair trial and of due process. (People v. Noisey (1968) 265 Cal.App.2d 543, 549–550 [71 Cal.Rptr. 339].) Likewise, willful failure by investigating officers to obtain evidence that would clear a defendant would amount to a denial of due process of law. (Ibid.) However, failure to look for evidence is different from suppressing known evidence and “the mere fact that investigating officers did not pursue every possible means of investigation of crime does not, standing alone, constitute denial of due process or suppression of evidence.” (Ibid.; see also People v. Tuthill (1947) 31 Cal.2d 92, 97–98 [187 P.2d 16], overruled on other grounds as noted by People v. Balderas (1985) 41 Cal.3d 144, 182 [222 Cal.Rptr. 184, 711 P.2d 480] [“[t]here is no compulsion on the prosecution to call any particular witness or to make any particular tests so long as there is fairly presented to the court

75.

CALCRIM 300. All Available Evidence-Jury-Page 75
CALCRIM 300. All Available Evidence-Jury-Page 76

(Pub 1284)

Copyright 2008 Judicial Council of California. 

California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents 
California Jury Instructions-CALCRIM-Vol. 1. General Instructions