SERIES 300 EVIDENCE
F 371(B) NOTES
TABLE OF CONTENTS
F 371(B) Note 1 Fabrication Of Evidence: General Note
F 371(B) Note 2 Lack Of Consciousness Of Guilt Required By Due Process
F 371(B) Note 3 Fabrication: Judicial Proceedings Need Not Be Actually In Progress
F 371(B) Note 4 Fabrication Instruction Inapplicable To The Manufacture Of An Alibi Before Defendant Is Charged
F 371(B) Note 5 Challenge To Consciousness Of Guilt Instructions As Duplicative Of Circumstantial Evidence Instruction
F 371(B) Note 6 Consciousness Of Guilt As Improper Comment On The Evidence
F 371(B) Note 7 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
Return to Series 300 Table of Contents.
F 371(B) Note 1 Fabrication Of Evidence: General Note
ALERT: See FORECITE Notes at FORECITE F 362 Notes regarding false statements for other issues which may also apply to suppression or fabrication of evidence per CALCRIM 371.
CALJIC NOTE: See FORECITE F 2.04 n1.
F 371(B) Note 2 Lack Of Consciousness Of Guilt Required By Due Process
See FORECITE F 372.4 Inst 1.
F 371(B) Note 3 Fabrication: Judicial Proceedings Need Not Be Actually In Progress
People v. Rodrigues (1994) 8 C4th 1060, 1139 held that CJ 2.04 does not require judicial proceedings to be actually in progress when the attempt to procure false testimony or fabricate evidence was made.
CALJIC NOTE: See FORECITE F 2.04 n3.
F 371(B) Note 4 Fabrication Instruction Inapplicable To The Manufacture Of An Alibi Before Defendant Is Charged
CJ 2.04 is limited to situations where a defendant attempts to induce a witness to lie for him or her in a judicial proceeding or otherwise tries to fabricate evidence when a trial or prosecution is pending. (People v. Jackson (1996) 13 C4th 1164, 1225.) Accordingly, the manufacture of an alibi before the defendant is charged with a crime is more appropriately addressed by CJ 2.03 concerning a defendant’s Awilfully false or deliberately misleading statements concerning the charge on which he or she is now being tried.” (Ibid.)
CALJIC NOTE: See FORECITE F 2.04 n4.
F 371(B) Note 5 Challenge To Consciousness Of Guilt Instructions As Duplicative Of Circumstantial Evidence Instruction
For a potential challenge to consciousness of guilt instructions on the basis that it is merely a restatement of the general circumstantial evidence instruction, see FORECITE PG VII(C)(9.1).
CALJIC NOTE: See FORECITE F 2.04 n5.
F 371(B) Note 6 Consciousness Of Guilt As Improper Comment On The Evidence
See FORECITE F 372 Note 10.
F 371(B) Note 7 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
(See FORECITE PG VII(C)(7.1).)
