SERIES 200 POST-TRIAL: INTRODUCTORY
F 226.4 CONFLICTS AND INCONSISTENCY IN TESTIMONY
F 226.5 WITNESS CHARACTER FOR TRUTHFULNESS
F 226.6 WITNESS NO LONGER REMEMBERS [RESERVED]
F 226.7 WITNESS DELIBERATELY LIED
F 226.8 EVIDENCE: PRELIMINARY FACTS
TABLE OF CONTENTS
F 226.4 CONFLICTS AND INCONSISTENCY IN TESTIMONY
F 226.4 Inst 1 (a-c) Telling The Jurors That Witnesses “Sometimes Forget” Is Inaccurate And Promotes Unreliable Criminal Convictions
F 226.4 Inst 2 (a & b) The CALCRIM Formulation Fails To Precisely Address Honest Misrecollection
F 226.4 Inst 3 (a & b) Telling Jurors That Witnesses “Sometimes” Misremember Is Inaccurate And Promotes Unreliable Criminal Convictions
F 226.4 Inst 4 Under Ex Post Facto/Due Process Principles CALJIC 2.21.1 Should Be Used In Place Of CALCRIM 105/226
F 226.4 Inst 5 (a & b) Witness Credibility: Inability To Cross-Examine Out-Of-Court Declarant’s Statements
F 226.4 Inst 6 Deletion Of Unnecessary Verbiage
F 226.5 WITNESS CHARACTER FOR TRUTHFULNESS
F 226.5 Inst 1 Character For Truth And/Or Accuracy
F 226.5 Inst 2 Improper To Presume Truthfulness From Lack Of Discussion
F 226.6 WITNESS NO LONGER REMEMBERS [RESERVED]
F 226.7 WITNESS DELIBERATELY LIED
F 226.7 Inst 1 Witness Inaccuracy As To One Fact Relevant To Other Facts
F 226.8 EVIDENCE: PRELIMINARY FACTS
F 226.8 Inst 1 (a & b) Jury Must Only Consider Testimony Based On The Personal Knowledge Of A Witness
F 226.8 Inst 2 Witness Credibility: Witness Capacity To Perceive And Recollect As Preliminary Finding Of Fact
Return to Series 200 Table of Contents.
F 226.4 CONFLICTS AND INCONSISTENCY IN TESTIMONY
F 226.4 Inst 1 (a-c) Telling The Jurors That Witnesses “Sometimes Forget” Is Inaccurate And Promotes Unreliable Criminal Convictions
Alternative a:
*Modify CC 226, paragraph 3, sentence 3, as follows [added language is underlined; deleted language is stricken]:
People sometimes often honestly forget things or make mistakes about what they remember.
Alternative b [CALJIC 2.21.1, sentence 2]:
Failure of recollection is common.
Alternative c:
*Modify CC 226, paragraph 3, sentence 3, as follows [added language is underlined; deleted language is stricken]:
It is not unusual for people sometimes honestly toforget things or make mistakes about what they remember.
Points and Authorities
See FORECITE F 105.4 Inst 1 (a-c).
F 226.4 Inst 2 (a & b) The CALCRIM Formulation Fails To Precisely Address Honest Misrecollection
Alternative a:
[Replace CC 226, paragraph 3, sentence 3 with CJ 2.21.1 (October 2005 Edition).]
Alternative b:
*Modify CC 226, paragraph 3, sentence 3, with the following [added language is underlined; deleted language is stricken]:
People sometimes often honestly forget things or make mistakes about what they think they remember correctly.
Points and Authorities
See FORECITE F 105.4 Inst 2 (a and b).
F 226.4 Inst 3 (a and b) Telling Jurors That Witnesses “Sometimes” Misremember Is Inaccurate And Promotes Unreliable Criminal Convictions
Alternative a:
*Modify CC 226, paragraph 3, sentence 3, as follows [CACI 107, 5003 Format] [added language is underlined; deleted language is stricken]:
People sometimes often honestly … make mistakes about what they think they remember correctly.
Alternative b:
It is not [unusual] [uncommon] for people sometimes to honestly … make mistakes about what they think they remember correctly.
Points and Authorities
See FORECITE F 105.4 Inst 3 (a and b).
F 226.4 Inst 4 Under Ex Post Facto/Due Process Principles CALJIC 2.21.1 Should Be Used In Place Of CALCRIM 105/226
*Modify CC 226, paragraph 3, sentence 3 as follows:
[Replace with CJ 2.21.1 sentence 2 and 3]
Points and Authorities
See FORECITE F 105.4 Inst 4.
F 226.4 Inst 5 (a & b) Witness Credibility: Inability To Cross-Examine Out-Of-Court Declarant’s Statements
See FORECITE F 105.4 Inst 2 (a and b).
F 226.4 Inst 6 Deletion Of Unnecessary Verbiage
See FORECITE F 105.4 Inst 1.
WITNESS CHARACTER FOR TRUTHFULNESS
F 226.5 Inst 1 Character For Truth And/Or Accuracy
See FORECITE F 105.5 Inst 1.
F 226.5 Inst 2 Improper To Presume Truthfulness From Lack Of Discussion
See FORECITE F 105.5 Inst 2.
F 226.6 WITNESS NO LONGER REMEMBERS [RESERVED]
F 226.7 WITNESS DELIBERATELY LIED
F 226.7 Inst 1 Witness Inaccuracy As To One Fact Relevant To Other Facts
See FORECITE F 105.7 Inst 1.
F 226.8 EVIDENCE: PRELIMINARY FACTS
F 226.8 Inst 1 (a and b) Jury Must Only Consider Testimony Based On The Personal Knowledge Of A Witness
See FORECITE F 105.8 Inst 1 (a and b).
F 226.8 Inst 2 Witness Credibility: Witness Capacity To Perceive And Recollect As Preliminary Finding Of Fact
See FORECITE F 105.8 Inst 2.