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F 10.60 n1 Sex Crimes: No Corroboration
No Error To Give CJ 10.60 or CJ 2.27
(“Single Witness” Instruction)
It is not improper to give the “no-corroboration” instruction (CJ 10.60) and the “single-witness” instruction (CJ 2.27) in sex cases. (People v. Gammage (92) 2 C4th 693, 700-02 [7 CR2d 541].)
However, Gammage did not consider the question of whether CJ 10.60 and CJ 2.27 are misleading when the instructions are given in unison. (In Gammage, the majority’s rational was that the jurors will not construe CJ 10.60 as affecting their credibility determination when the instruction is removed from instructions on the evaluation of witness credibility. (See Gammage 2 C4th at 700-01.) Thus, the instruction should not be given in unison. [Additional briefing on this issue is available to FORECITE subscribers. Ask for Brief Bank # B-613.]
RESEARCH NOTES: See Annotation, Modern status of rule regarding necessity for corroboration of victim’s testimony in prosecution for sexual offense, 31 ALR4th 120 and Later Case Service.