Consciousness of Guilt: Using Evidence Code 353 to Get a Limited Admissibility Instruction
April 17th, 2020
–Consciousness of Guilt and Mens Rea. Consciousness of guilt evidence is widely accepted as admissible to prove that the defendant was …. consciousness that he has committed some wrongdoing. (People v. Bolin (1998) 18 Cal.4th 297, 327; see also e.g, CC 372 [“awareness of guilt”].) However, it is also accepted that the defendant’s awareness of […]
Tags: CC 362, CC 371, CC 372, Consciousness of Guilt
Should Consciousness Of Guilt Instructions Such As Flight Be Limited To The Determination Of Guilt In Death Penalty Case?
August 19th, 2019
People v. Anderson (2018) 5 Cal. 5th 372, 391-93 recognized that evidence showing consciousness of guilt, such as flight or escaping from jail, is generally admissible within the trial court’s discretion. Thus, the existence of alternate explanations for the defendant’s behavior does not necessarily defeat the court’s discretion to admit consciousness-of-guilt evidence. However, when consciousness […]
Tags: CC 362, CC 371, CC 372, Death Penalty