In-Custody Informant
March 30th, 2014


If the witness is an in-custody informant, CC 336 should be given upon request, as well as CC 337, which cautions jurors not to consider the reason the witness is in custody. Regarding CC 337, the Court of Appeal has held this instruction should not be given unless the shackles are visible to the jury, and, when relating to a defendant, it should be given only when requested by the defense. (People v. Cortes (2011) 192 Cal. App. 4th 873, 915.)

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