[If you find that a witness has been convicted of a felony, you may consider that fact [only] in evaluating the credibility of the witness’s testimony. The fact of a conviction does not necessarily destroy or impair a witness’s credibility. It is up to you to decide the weight of that fact and whether that fact makes the witness less believable.]

<Alternative B—prior criminal conduct with or without conviction>

[If you find that a witness has committed a crime or other misconduct, you may consider that fact [only] in evaluating the credibility of the witness’s testimony. The fact that a witness may have committed a crime or other misconduct does not necessarily destroy or impair a witness’s credibility. It is up to you to decide the weight of that fact and whether that fact makes the witness less believable.]

BENCH NOTES

Instructional Duty

There is no sua sponte duty to give this instruction; however, the instruction must be given on request. (People v. Kendrick (1989) 211 Cal.App.3d 1273, 1278 [260 Cal.Rptr. 27]; People v. Hernandez (2004) 33 Cal.4th 1040,

105 1–1052 [16 Cal.Rptr.3d 880, 94 P.3d 1080] [overruling People v. Mayfield (1972) 23 Cal.App.3d 236 [100 Cal.Rptr. 104], which had found a sua sponte duty to give limiting instruction on felony conviction admitted for impeachment].)

If a felony conviction or other misconduct has been admitted only on the issue of credibility, give the bracketed word “only.”

Do not give this instruction if a conviction also has been admitted to prove an element of a charged offense. (People v. Dewberry (1959) 51 Cal.2d 548, 553–554 [334 P.2d 852].)

It is unclear whether this instruction is appropriate if the evidence also has been admitted for a purpose other than to prove an element of the offense (as

88.

316. Additional Instructions on Witness Credibility—OtherConducty-Page 88
316. Additional Instructions on Witness Credibility—OtherConducty-Page 89

(Pub 1284)

Copyright 2008 Judicial Council of California. 

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