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SERIES 300 EVIDENCE

F 371(C-3) Suppression of Evidence By Third Party: Cautionary Instructions

TABLE OF CONTENTS
F 371(C-3) Inst 1 Fabrication Or Suppression Of Evidence By Third Party: Prosecution Must Prove Every Essential Fact
F 371(C-3) Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
F 371(C-3) Inst 3 Fabrication Or Suppression of Evidence By Third Party: Probative Value Reduced By Passage Of Time
F 371(C-3) Inst 4 Fabrication Or Suppression of Evidence By Third Party: “Feelings Of Guilt
“ Do Not Reflect Actual Guilt

Return to Series 300 Table of Contents.


F 371(C-3) Inst 1 Fabrication Or Suppression Of Evidence By Third Party: Prosecution Must Prove Every Essential Fact

*Add at end of CC 371(C):

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

See FORECITE F 372.3 Inst 1.


F 371(C-3) Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict

*Modify CC 371, Alternative C, sentence 3, as follows [added language is underlined; deleted language is stricken]:

However, evidence of such conduct 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

See FORECITE F 362.3 Inst 2.

CALJIC NOTE: See FORECITE F 2.06i/2.05b.


F 371(C-3) Inst 3 Fabrication Or Suppression of Evidence By Third Party: Probative Value Reduced By Passage Of Time

See FORECITE F 372.3 Inst 3.


F 371(C-3) Inst 4 Fabrication Or Suppression of Evidence By Third Party: “Feelings Of Guilt” Do Not Reflect Actual Guilt

See FORECITE F 372.3 Inst 4.

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