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F 2.05 n1 Lack Of Consciousness Of Guilt Required By Due Process.
See FORECITE F 2.52h.
F 2.05 n2 Challenge To CJ 2.05 As Duplicative Of Circumstantial Evidence Instruction.
For a potential challenge to CJ 2.05 on the basis that it is merely a restatement of the general circumstantial evidence instruction, see FORECITE PG VII(C)(9.1).
F 2.05 n3 Consciousness Of Guilt As Improper Comment On The Evidence.
See FORECITE F 2.52 n10.
F 2.05 n4 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence.
(See FORECITE PG VII(C)(7.1).)
F 2.05a
Fabrication Of Evidence:
Inapplicable To Nature Or Degree Of Guilt
*Add to CJ 2.05:
The defendant’s consciousness of guilt, if any, is relevant upon the questions of whether the defendant was afraid of being apprehended and whether the defendant thought [he] [she] had committed a crime. Consciousness of guilt may not be considered [in determining the degree of defendant’s guilt] [or] [in determining which of the charged offenses the defendant committed].
Points and Authorities
[See FORECITE F 2.06a and FORECITE F 2.15a.]
F 2.05b
Multiple Forms Of Consciousness Of Guilt Not Alone
Sufficient To Convict
*Modify last sentence of CJ 2.05 as follows [added language is capitalized and underlined; deleted language is between << >> and lined out:]
However, that conduct is not sufficient by itself OR IN COMBINATION WITH [OTHER ALLEGED CONSCIOUSNESS OF GUILT EVIDENCE] [THE ALLEGED ________ (INSERT OTHER SPECIFIC CONSCIOUSNESS OF GUILT EVIDENCE) to prove guilt, and its weight and significance, if any, are for you to decide.
Points and Authorities
(See FORECITE F 2.03g.)
