Return to CALJIC Part 3-4 – Contents
F 3.13 n1 Instruction That One Accomplice Cannot Corroborate Another Not Required Sua Sponte.
(See People v. Sanders (1995) 11 C4th 475, 533-534; see also People v. Snyder (2003) 112 CA4th 1200, 1219-20; but see People v. Boyce (80) 110 CA3d 726, 738 [168 CR 219].)
F 3.13a
Accomplice Corroboration:
Applicability To StatementsAnd Testimony
*For the word "testimony" in CJ 3.13 ¶ 1, substitute:
… [testimony] [and] [out-of-court statement[s]] …
Points and Authorities
When the prosecution relies only on the in-court testimony of an accomplice CALJIC’s use of the term "testimony" is adequate.
When the prosecution relies upon out-of-court statements "the trial court should substitute the word ‘statement[s]’ for ‘testimony’ …" (People v. Andrews (89) 49 C3d 200, 215, fn 11 [260 CR 583].)
When the prosecution relies upon both out-of-court statements and in-court testimony further modification is appropriate to make it clear that the corroboration rule applies to both.
Improper or inadequate instruction upon witness credibility implicates the defendant’s state (Art. I § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. [See generally, FORECITE PG VII.]
[See FORECITE F 3.11a.]
NOTE: Whether Modification Is Required Sua Sponte. See People v. Lawley (2002) 27 C4th 102, 161 [115 CR2d 614]; see also People v. Andrews (89) 49 C3d 200, 214-215 [260 CR 253] [modification not required sua sponte where neither trial court nor parties suggested that the corroboration required differed as between the out-of-court and in-court statements].
F 3.13b
Accomplice Corroboration: No Reference To The Term “Accomplice”
*Modify CJ 3.13 as follows [Added language is capitalized. Deleted language is between << >>]:
The required corroboration of the testimony of <<an accomplice>> ______[INSERT NAME OF TESTIFYING ACCOMPLICE]______ may not be supplied by the testimony of <<any or all of [his] [her] accomplices>> ______[INSERT NAME(S) OF TESTIFYING ACCOMPLICE(S)]______, any or all of them, but must come from other evidence.
Points and Authorities
(See FORECITE F 3.16b.)