Tag Archives: Consciousness of Guilt


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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