In evaluating the child’s testimony, you should consider all of the factors surrounding that testimony, including the child’s age and level of cognitive development.

When you evaluate the child’s cognitive development, consider the child’s ability to perceive, understand, remember, and communicate.

While a child and an adult witness may behave differently, that difference does not mean that one is any more or less believable than the other. You should not discount or distrust the testimony of a witness just because he or she is a child.

BENCH NOTES

Instructional Duty

The court has no sua sponte duty to give an instruction on child witnesses; however, it must be given on request. (Pen. Code, § 1 127f.)

AUTHORITY

• Instructional Requirements. Pen. Code, § 1 127f.

Secondary Sources

3 Witkin, California Evidence (4th ed. 2000) Presentation, § 88(3).

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82, Witnesses, §§ 82.05[1], [2][a], [b], 82.07, 82.22[3][c], Ch. 85, Submission to Jury and Verdict, § 85.03 [2] [b] (Matthew Bender).

RELATED ISSUES

Due Process/Equal Protection Challenges

“The instruction provides sound and rational guidance to the jury in assessing the credibility of a class of witnesses as to whom ‘traditional assumptions’

95.

(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