Return to CALJIC Part 3-4 – Contents
F 3.12a
Accomplice Corroboration: Applicability To Statements And Testimony
*For the word “testimony” in CJ 3.12 (¶ 1, ¶ 4 and ¶ 5) substitute:
… [testimony] [and] [out-of-court statement[s]] …
Points and Authorities
[See FORECITE F 3.11a; also FORECITE F 3.13a and F 3.16a.]
F 3.12b
Sufficiency Of Evidence To Corroborate: No Reference To The Term “Accomplice”
*Modify CJ 3.12 as follows [Added language is capitalized. Deleted language is between << >>]:
To corroborate the testimony of <<an accomplice>> ______[INSERT NAME OF TESTIFYING ACCOMPLICE]______ there must be evidence of some act or fact related to the crime which, if believed, by itself and without any aid, interpretation or direction from the testimony of <<the accomplice> ______[INSERT NAME OF TESTIFYING ACCOMPLICE]______, tends to connect the defendant with the commission of the offense.
However, it is not necessary that the evidence of corroboration be sufficient in itself to establish every element of the crime charged, or that it corroborate every fact to which <<the accomplice>>______[INSERT NAME OF TESTIFYING ACCOMPLICE]______ testifies.
In determining whether <<an accomplice>> ______[INSERT NAME OF TESTIFYING ACCOMPLICE]______ has been corroborated, you must first assume the testimony of <<the accomplice>>______[INSERT NAME OF TESTIFYING ACCOMPLICE]______ has been removed from the case. You must then determine whether there is any remaining evidence which tends to connect the defendant with the commission of the crime.
If there is no independent evidence which tends to connect the defendant with the commission of the crime, the testimony of <<the accomplice>> ______[INSERT NAME OF TESTIFYING ACCOMPLICE]______ is not corroborated.
If there is independent evidence which you believe, then the testimony of <<the accomplice>> ______[INSERT NAME OF TESTIFYING ACCOMPLICE]______ is corroborated.
Points and Authorities
(See FORECITE F 3.16b.)
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