F 371(C-2) Fabrication Or Suppression Of Evidence By Third Party: Limiting Instructions

TABLE OF CONTENTS
F 371(C-2) Inst 1 Fabrication Or Suppression Of Evidence By Third Party: May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt“—Not That Defendant Was “Aware Of His Or Her Guilt“
F 371(C-2) Inst 2 Fabrication Or Suppression Of Evidence By Third Party: Inapplicable To Nature Or Degree Of Guilt
F 371(C-2) Inst 3 Suppression Of Evidence By Third Party: Limitation When Not Applicable To All Charged Offenses
F 371(C-2) Inst 4 Suppression Of Evidence By Third Party: Limitation To Applicable Co-Defendant
F 371(C-2) Inst 5 Suppression Of Evidence By Third Party: Jury Not To Consider Flight Of Uncharged Accomplice As To Defendant

Return to Series 300 Table of Contents.

F 371(C-2) Inst 1 Fabrication Or Suppression Of Evidence By Third Party: May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt“—Not That Defendant Was “Aware Of His Or Her Guilt”

*Modify CC 371(C), sentence 1 as follows [added language is underlined; deleted language is stricken]:

[If someone other than the defendant tried to create false evidence, provide

false testimony, or conceal or destroy evidence, that conduct may show the

defendant was aware of (his/her)guilt thought (he/she) had done something wrong, but only if the defendant was present and knew about that conduct, or, if not present, authorized the other person’s actions.

Points and Authorities

See FORECITE F 362.2 Inst 1.

F 371(C-2) Inst 2 Fabrication Or Suppression Of Evidence By Third Party: Inapplicable To Nature Or Degree Of Guilt

*Add to CC 371(C)

Even if you find the defendant authorized _______________ <name of third party> to _______________ <insert alleged act of suppression or fabrication>, such evidence is only relevant as to the questions of whether the defendant was afraid of being apprehended and whether the defendant thought [he] [she] had done something wrong. Such evidence may not be considered [in determining the degree of defendant’s guilt] [or] [in determining which of the charged offenses the defendant committed].

Points and Authorities

See FORECITE F 362.2 Inst 2.

CALJIC NOTE: See FORECITE F 2.05a.

F 371(C-2) Inst 3 Suppression Of Evidence By Third Party: Limitation When Not Applicable To All Charged Offenses

See FORECITE F 372.2 Inst 3.

F 371(C-2) Inst 4 Suppression Of Evidence By Third Party: Limitation To Applicable Co-Defendant

See FORECITE F 372.2 Inst 4.

F 371(C-2) Inst 5 Suppression Of Evidence By Third Party: Jury Not To Consider Suppression By Uncharged Accomplice As To Defendant

See FORECITE F 372.2 Inst 5.