SERIES 300 EVIDENCE
F 371(A-3) Suppression of Evidence: Cautionary Instructions
TABLE OF CONTENTS
F 371(A-3) Inst 1 Suppression of Evidence: Prosecution Must Prove Every Essential Fact
F 371(A-3) Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
F 371(A-3) Inst 3 Suppression Of Evidence: Probative Value Reduced By Passage Of Time
F 371(A-3) Inst 4 Suppression Of Evidence: “Feelings Of Guilt“ Do Not Reflect Actual Guilt
Return to Series 300 Table of Contents.
F 371(A-3) Inst 1 Suppression of Evidence: Prosecution Must Prove Every Essential Fact
*Add at end of CC 371(A):
Remember that you may not convict the defendant of any crime unless you are convinced that each fact essential to the conclusion that the defendant is guilty of that crime has been proved beyond a reasonable doubt.
[Source: CALCRIM 376, paragraph 4.]
Points and Authorities
Due process “protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” (In re Winship (1970) 397 US 358, 364 [90 SCt 1068; 25 LEd2d 368].) It requires the state to prove “‘every ingredient of the offense beyond a reasonable doubt ….’ ” (Sandstrom v. Montana (1979) 442 US 510, 524 [99 SCt 2450; 61 LEd2d 39], quoting Patterson v. New York (1977) 432 US 197 [97 SCt 2319; 53 LEd2d 281].) Not only does this requirement apply to the evidence as a whole, but also to each fact from which the defendant’s guilt is inferred. (See People v. Carter (1957) 48 C2d 737, 758-59, 760-61.) A conviction violates due process if it is based upon an amalgamation of facts none of which have been proven beyond a reasonable doubt. (See People v. Deletto (1983) 147 CA3d 458, 472.)
Identification Of Parties.—See FORECITE F 100.2 Note 1.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
FORECITE CG 5.16 [Consciousness Of Guilt]
In death penalty cases additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 371(A-3) Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
*Modify CC 371, Alternative a, sentence 1, as follows [added language is underlined; deleted language is stricken]:
However, evidence of such an attempt by itself or in combination with [other alleged consciousness of guilt evidence] [the alleged ________ <insert other specific consciousness of guilt evidence> cannot prove guilt by itself.]
Points and Authorities
The California Supreme Court has repeatedly approved instructions which admonish the jury that specific forms of consciousness of guilt, such as flight, false statements, destruction of evidence, etc., are not alone sufficient to prove guilt. (See e.g., People v. Holloway (2004) 33 C4th 96, 142; see also People v. Jenkins (1979) 91 CA3d 579 [evidence of falsehoods, attempts to fabricate evidence, and efforts to suppress evidence are, in themselves, sufficient to establish guilt].)
This is consistent with a wide range of authorities in other jurisdictions. It is widely recognized that consciousness of guilt evidence is not alone sufficient to convict. (See, e.g., Jackson v. State (FL 1991) 575 So2d 181, 188-89 [flight instruction permissible only “where there is significantly more evidence against the defendant than flight standing alone” ]; see also State v. Freeney (CT 1994) 637 A2d 1088, 1100 [“[b]asic fairness and due process of law require that the trial court be even handed and instruct the jury that there could be other reasons for the defendant’s flight” ]; Commonwealth v. Robles (MA 1996) 666 NE2d 497, 504 [“the charge properly instructed the jury that consciousness of guilt alone is insufficient evidence of guilt …” ]; Commonwealth v. Lawrence (MA 1989) 536 NE2d 571, 582; Commonwealth v. Toney (MA 1982) 433 NE2d 425, 432; State v. Myers (NC 1983) 305 SE2d 506, 511 [“[p]roof of flight, standing alone, is never sufficient to establish guilt” ]; State v. Voit (OR 1973) 506 P2d 734, 739 [” … even if the jury resolved the credibility issue favorably to the state, the only fact proved thereby would be that defendants were lying. Such proofs cannot serve as a substitute for affirmative proofs that defendants committed the crime charged” ].) This is so because consciousness of guilt evidence such as flight, without any other evidence, “can be as consistent with innocence as it is with guilt.” Therefore, such evidence, by itself, cannot support a conviction. (State v. Giant (MT 2001) 37 P3d 49, 59.)
It follows that any consciousness of guilt evidence, even that involving multiple acts (e.g., flight and false statements) is not sufficient to prove guilt.
Identification Of Parties.—See FORECITE F 100.2 Note 1.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
FORECITE CG 5.16 [Consciousness Of Guilt]
In death penalty cases additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 2.06i/F 2.03g.
F 371(A-3) Inst 3 Suppression of Evidence: Probative Value Reduced By Passage Of Time
See FORECITE F 372.3 Inst 3.
F 371(A-3) Inst 4 Suppression of Evidence: “Feelings Of Guilt” Do Not Reflect Actual Guilt
See FORECITE F 372.3 Inst 4.
