Tag Archives: CC 362


Jury Should Consider Defendant’s Mental Impairment in Deciding Whether False Statements Showed Consciousness of Guilt
August 2nd, 2016

In People v. McGehee (2016) 246 CA4th 1190 the defense argued that McGehee suffered from schizophrenic delusions involving demons and that he killed his mother during such an episode. The jury was instructed that if McGehee made any false or misleading statements related to the crime, that conduct may show consciousness of guilt. (CC 362.) […]


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Consciousness of Guilt: False Statements–Defense Theory Of Intoxication
May 1st, 2015

In general, voluntary intoxication may not be considered for general intent crimes. (People v. Mendoza (1998) 18 Cal. 4th 1114, 1127-1128.)   However, voluntary intoxication may be relevant on the question of whether a defendant’s statements while intoxicated are probative of the defendant’s veracity within the meaning of CC 362. (People v. Wiidanen (2011) 201 […]


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Consciousness of Guilt: False Statements–Duty To Instruct Sua Sponte Is Unclear
April 27th, 2015

  The bench notes to CC 362 were revised to delete the statement that “The court has a sua sponte duty to instruct on consciousness of guilt. . ..” The Committee concluded that it was ambiguous whether or not a sua sponte duty existed here. (Advisory Committee on Criminal Jury Instructions, Report to the Judicial […]


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Consciousness Of Guilt: False Statements–Not Applicable To Trial Testimony
April 24th, 2015

  Courts have said that CC 362 should not be used to permit an inference of consciousness of guilt based on knowingly false or intentionally misleading statements in a defendant’s trial testimony. (People v. Beyah (2009) 170 Cal. App. 4th 1241.) CC 362 was revised on August 14, 2009, in response to this concern. As […]


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False Statements And Criminal Street Gangs
March 1st, 2014

  People v. Fuentes (2009) 171 Cal. App. 4th 1139, held that CC 362 does not conflict with instructions on criminal street-gang participation.


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