Tag Archives: CC 330

CC 330: “Should Consider” vs. “Consider”
October 27th, 2020

CC 330 contains inconsistent admonitions to the jurors regarding consideration of factors potentially relating to the credibility of a child witness under 10 years old.   Compare Paragraph 2:   In evaluating the child’s testimony, you should consider all of the factors surrounding that testimony, including the child’s age and level of cognitive development. [Emphasis […]

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Credibility: Child Molestation
April 17th, 2015

  People v. Fernandez ( 2013) 216 Cal. App. 4th 540, upheld CC 330 over a challenge that the instruction unfairly bolstered a child molestation victim’s credibility and impaired the defense’s ability to impeach her credibility based on her inability to perceive, understand, remember, and communicate. Relying on cases that had upheld CJ 2.20.1, the […]

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Testimony Of Child 10 Years Of Age Or Younger
April 20th, 2014

  CC 330 parallels CJ 2.20.1 and the constitutionality of that instruction has been upheld by the courts. (People v. McCoy (2005) 133 Cal. App. 4th 974.)

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