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

362. Consciousness of Guilt: False Statements

CALCRIM No. 362 EVIDENCE

If [the] defendant [ <insert name of defendant when multiple defendants on trial>] made a false or misleading statement relating to the charged crime, knowing the statement was false or intending to mislead, that conduct may show (he/she) was aware of (his/her) guilt of the crime and you may consider it in determining (his/her) guilt. [You may not consider the statement in deciding any other defendant’s guilt.]

If you conclude that the defendant made the statement, it is up toyou to decide its meaning and importance. However, evidence that

New January 2006; Revised June 2007

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on consciousness of guilt when there is evidence that the defendant intentionally made a false statement from which such an inference could be drawn. (People v. Atwood (1963) 223 Cal.App.2d 316, 333–334 [35 Cal.Rptr. 831]; see also People v. Edwards (1992) 8 Cal.App.4th 1092, 1103–1104 [10 Cal.Rptr.2d 821] [approving instruction on this point].)

This instruction should not be given unless it can be inferred that the defendant made the false statement for self-protection rather than to protect someone else. (People v. Rankin (1992) 9 Cal.App.4th 430 [11 Cal.Rptr.2d 735] [error to instruct on false statements and consciousness of guilt where defendant lied to protect an accomplice]; see also People v. Blakeslee (1969) 2 Cal.App.3d 831, 839 [82 Cal.Rptr. 839].)

AUTHORITY

• Instructional Requirements. People v. Atwood (1963) 223 Cal.App.2d 316, 333 [35 Cal.Rptr. 831]; see also People v. Coffman and Marlow (2004) 34 Cal.4th 1, 102–103 [17 Cal.Rptr.3d 710, 96 P.3d 30].

Secondary Sources

1 Witkin, California Evidence (4th ed. 2000) Hearsay, § 110.

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,

132.

CALCRIM 362. Consciousness of Guilt: False Statements-Page 132
CALCRIM 362. Consciousness of Guilt: False Statements-Page 133

(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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