__________________<Insert name of unavailable witness> did not testify inthis trial, but (his/her) testimony, taken at another time, was (read/ played) for you. In addition to this testimony, you have heard evidence that    <insert name of unavailable witness>
made (another/other) statement[s]. [I am referring to the statement[s] about which___________________ <insert name[s]> testified.]If you conclude that___________________ <insert name of unavailable witness> made (that/those) other statement[s], you may only consider (it/them) in a limited way. You may only use (it/them) in deciding whether to believe the testimony of  ____________________   <insert
name of unavailable witness> that was (read/played) here at trial. You may not use (that/those) other statement[s] as proof that the information contained in (it/them) is true, nor may you use (it/ them) for any other reason.

BENCH NOTES

Instructional Duty

The court has no sua sponte duty to give this instruction. (People v. Griffın (1988) 46 Cal.3d 1011, 1026 [251 Cal.Rptr. 643, 761 P.2d 103].)

Give this instruction when prior inconsistent statements of an unavailable witness were admitted for impeachment purposes. (People v. Williams (1976) 16 Cal.3d 663, 668–669 [128 Cal.Rptr. 888, 547 P.2d 1000].) If a testifying witness was confronted with prior inconsistent statements, give CALCRIM No. 318, Prior Statements as Evidence. If the prior statements were obtained by a peace officer in violation of Miranda, give CALCRIM No. 356, Miranda-Defective Statements.

Evidence Code section 1294 creates an exception to the impeachment-only rule in Williams for the use of prior inconsistent statements given as testimony in a preliminary hearing or prior proceeding in the same criminal matter.

AUTHORITY

• Instructional Requirements. People v. Williams (1976) 16 Cal.3d 663,

668–669 [128 Cal.Rptr. 888, 547 P.2d 1000]; see Evid. Code, §§ 145,

92.

319. Prior Statements of Unavailable Witness-Jury-Page 92
319. Prior Statements of Unavailable Witness-Jury-Page 93

(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