California Crimonal Jury Instructions-CALCRIM

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Criminal Jury Instructions Volume I

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CALCRIM Series 300

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California Criminal Jury Instructions
Volume I
Series 300 EVIDENCE
D. DEFENDANT’S TESTIMONY AND STATEMENTS

357. Adoptive Admissions

CALCRIM No. 357 EVIDENCE

If you conclude that someone made a statement outside of court that (accused the defendant of the crime/ [or] tended to connect the defendant with the commission of the crime) and the defendant did not deny it, you must decide whether each of the following is true:

1. The statement was made to the defendant or made in (his/ her) presence;

2. The defendant heard and understood the statement;

3. The defendant would, under all the circumstances, naturally have denied the statement if (he/she) thought it was not true;

AND

4. The defendant could have denied it but did not.

If you decide that all of these requirements have been met, you may conclude that the defendant admitted the statement was true.

If you decide that any of these requirements has not been met, you must not consider either the statement or the defendant’s response for any purpose.

[You must not consider this evidence in determining the guilt of (the/any) other defendant[s].]

New January 2006; Revised June 2007

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on the foundational requirements for adoptive admissions if such evidence is admitted. (People v. Vindiola (1979) 96 Cal.App.3d 370, 381 [158 Cal.Rptr. 6], citing People v. Atwood (1963) 223 Cal.App.2d 316, 332–334 [35 Cal.Rptr. 831]; see also People v. Humphries (1986) 185 Cal.App.3d 1315, 1336 [230 Cal.Rptr. 536].)

If the court instructs on adoptive admissions, the court also has a sua sponte duty to instruct on corpus delicti. (See CALCRIM No. 359, Corpus Delicti: Independent Evidence of a Charged Crime; see also People v. Jennings

122.

CALCRIM 357. Adoptive Admissions-Page 122
CALCRIM 357. Adoptive Admissions-Page 123

(Pub 1284)

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

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