SERIES 300 EVIDENCE
F 371(C-1) Fabrication Or Suppression Of Evidence By Third Party: Preliminary Facts
TABLE OF CONTENTS
F 371(C-1) Inst 1 Title Modification In Light Of Preliminary Facts
F 371(C-1) Inst 2 Fabrication Or Suppression Of Evidence By Third Party: Required Preliminary Facts
F 371(C-1) Inst 3 Fabrication Or Suppression Of Evidence By Third Party: Must Be Willful
F 371(C-1) Inst 4 Fabrication Or Suppression Of Evidence By Third Party: Must Relate To Charged Crime
F 371(C-1) Inst 5 Fabrication Or Suppression Of Evidence By Third Party Must Occur After Charged Crime
F 371(C-1) Inst 6 Fabrication Or Suppression Of Evidence By Third Party: Defendant Must Authorize
Return to Series 300 Table of Contents.
F 371(C-1) Inst 1 Title Modification In Light Of Preliminary Facts
See FORECITE F 371(A-1) Inst 1.
F 371(C-1) Inst 2 Fabrication Or Suppression Of Evidence By Third Party: Required Preliminary Facts
[Adapt from FORECITE F 371(A-1) Inst 2.]
Points and Authorities
See FORECITE F 371(A-1) Inst 2.
F 371(C-1) Inst 3 Fabrication Or Suppression Of Evidence By Third Party: Must Be Willful
See FORECITE F 362.1 Inst 2 and Inst 3.
F 371(C-1) Inst 4 Fabrication Or Suppression Of Evidence By Third Party: Must Relate To Charged Crime
*Add to CC 371(C):
If you find [it more likely than not] that a third party fabricated or suppressed evidence, you may not consider it for any purpose unless you first determine that it demonstrates a consciousness of guilt as to the charged offense.
Points and Authorities
See FORECITE F 362.1 Inst 5.
F 371(C-1) Inst 5 Fabrication Or Suppression Of Evidence By Third Party Must Occur After Charged Crime
See FORECITE F 362.1 Inst 6.
F 371(C-1) Inst 6 Fabrication Or Suppression Of Evidence By Third Party: Defendant Must Authorize
*Add to CC 371(C):
If you find [it more likely than not] that an effort to suppress evidence was made by another person for the defendant’s benefit, you may not consider that evidence [for any purpose] [against the defendant] unless you also find [it more likely than not] that the defendant authorized such effort. If you do make the required findings, the significance, if any, is for you to decide. However, such evidence is not sufficient by itself to prove the defendant guilty.
Points and Authorities
See FORECITE F 371(A-1) Inst 7.