Tag Archives: CC 358

CALCRIM Instruction on Adoptive Admissions Not Required Sua Sponte
March 28th, 2020

The trial court was not under a sua sponte duty to give the jury adoptive admission instructions (CALJIC 2.71.5 or CALCRIM 357).  The jury was given the standard instruction on admissions in general (CALJIC 2.71; see also CALCRIM 358).  When paired with court’s oral admonitions that the recorded statement was “only to be considered” with […]

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When Is Instruction on Defendant’s Oral Statements Required Sua Sponte?
June 10th, 2019

People v. Johnson (Cedric) (2018) 6 Cal.5th 541 addressed the issue of whether the judge must sua sponte instruct regarding the defendant’s oral statements as follows: “Until recently, we had imposed on trial courts a sua sponte duty to instruct the jury that a defendant’s oral admissions should be viewed with caution.  [CALJIC No. 2.71.7; […]


Should Defendant’s Statements Which Show Guilt of Lesser Offense Be Viewed with Caution?
June 7th, 2019

In People v. Powell (2018) 6 Cal. 5th 136; 169 the defendant contended that the cautionary instruction regarding the defendant’s out of court oral admissions (CJ 2.71.7) “pertains only to statements harmful to the defense.” The CSC apparently agreed that the instruction does not apply to exculpatory statements: “[T]his instruction properly applies to ‘any extrajudicial […]

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Defendant’s Statements Before Trial vs. Testimony at Trial: Clarification of Potentially Misleading Language in CC 358
November 27th, 2018

Jurors could interpret the first and second paragraphs of CC 358 to apply to both statements made by the defendant before trial and to the testimony of the defendant during trial. To clarify this potential ambiguity CC 358 could be modified to provide as follows [added language is bolded]:   [Para 1; sentence 1] You […]

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Cautionary Instruction on Defendant’s Statements Not Required Sua Sponte
July 26th, 2016

In People v. Diaz (2015) 60 C4th 1176 the California Supreme Court reconsidered the requirement that the cautionary principle reflected in CALJIC 2.71.7 [now CC 358] must be given sua sponte. The Court decided that “in light of a change in the law that requires the general instructions on witness credibility to be given sua […]

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