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

359. Corpus Delicti: Independent Evidence of a Charged
Crime

CALCRIM No. 359 EVIDENCE

The defendant may not be convicted of any crime based on (his/her) out-of-court statement[s] alone. You may only rely on the defendant’s out-of-court statements to convict (him/her) if you conclude that other evidence shows that the charged crime [or a lesser included offense] was committed.

That other evidence may be slight and need only be enough to support a reasonable inference that a crime was committed. The identity of the person who committed the crime [and the degree of the crime] may be proved by the defendant’s statement[s] alone.

You may not convict the defendant unless the People have proved(his/her) guilt beyond a reasonable doubt.

New January 2006; Revised August 2006

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on corpus delicti whenever an accused’s extrajudicial statements form part of the prosecution’s evidence. (People v. Howk (1961) 56 Cal.2d 687, 707 [16 Cal.Rptr. 370, 365 P.2d 426].)

The corpus delicti cannot be proved by statements made before or after the crime, but can be proved by statements made during the crime. (People v. Carpenter (1997) 15 Cal.4th 312, 394 [63 Cal.Rptr.2d 1, 935 P.2d 708].)

Give the bracketed language in the first paragraph if the court will be instructing on lesser included offenses.

Related Instructions

Since the corpus delicti instruction concerns statements of guilt by the defendant, this instruction must always be given along with CALCRIM No. 358, Evidence of Defendant’s Statements. If the statements are reported oral statements, the bracketed cautionary paragraph in CALCRIM No. 358 must also be given.

AUTHORITY

• Instructional Requirements. People v. Ray (1996) 13 Cal.4th 313, 342

126.

359. Corpus Delicti: Independent Evidence of a Charged Crime Page 126
359. Corpus Delicti: Independent Evidence of a Charged Crime Page 127
359. Corpus Delicti: Independent Evidence of a Charged Crime Page 128

(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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