Consciousness of Guilt: False Statements–Duty To Instruct Sua Sponte Is Unclear
April 27th, 2015


The bench notes to CC 362 were revised to delete the statement that “The court has a sua sponte duty to instruct on consciousness of guilt. . ..” The Committee concluded that it was ambiguous whether or not a sua sponte duty existed here. (Advisory Committee on Criminal Jury Instructions, Report to the Judicial Council for meeting of April 23, 2010, p. 4.)


The Bench Notes were also revised on this date to note that CC 362 had been upheld by the Court of Appeal in April 2010. (CC 362, Bench Notes, citing People v. McGowan (2008) 160 Cal. App. 4th 1099.)

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