In evaluating the testimony of a person with a (developmentaldisability[,]/ [or] [a] (cognitive[,]/ [or] mental[,]/ [or] communication) impairment), consider all of the factors surrounding that person’s testimony, including his or her level of cognitive development.

Even though a person with a (developmental disability[,]/ [or] [a] (cognitive[,]/ [or] mental[,]/ [or] communication) impairment)[,] may perform differently as a witness because of his or her level of cognitive development, that does not mean he or she is any more or less credible than another witness.

You should not discount or distrust the testimony of a person with a (developmental disability[,]/ [or] [a] (cognitive[,]/ [or] mental[,]/ [or] communication) impairment)[,] solely because he or she has such a (disability/ [or] impairment).

BENCH NOTES

Instructional Duty

This instruction must be given on request in any case “in which a person with a developmental disability, or cognitive, mental, or communication impairment testifies as a witness . . . .” (Pen. Code, § 1127g.)

The court should consider whether this instruction is appropriate if the witness has a communication impairment that is not related to a deficiency in cognitive functioning.

AUTHORITY • Statutory Authority. Pen. Code, § 1127g.

Secondary Sources

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82, Witnesses, §§ 82.05[2][a], 82.07, 82.22[3][c] (Matthew Bender).

97.

(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