Can a jury infer that a defendant was aware of their guilt at the time of the crime?

California, United States of America


The following excerpt is from People v. Carver, G049821 (Cal. App. 2014):

impermissible inferences with regard to a defendant's state of mind at the time the offense was committed. CALCRIM No. 362 is permissive, not mandatory, and allowed the jury to compare Carver's testimony with other evidence to determine whether any of his statements was "false or deliberately misleading, and if so, what weight should be given to that evidence." (People v. McGowan (2008) 160 Cal.App.4th 1099, 1104.) The jury could properly infer whether Carver was aware of his guilt and could consider that inference along with other evidence to reach a verdict. (See People v. Showers (1968) 68 Cal.2d 639, 643 [jury may properly infer consciousness of guilt from the defendant's false trial testimony regarding incriminating circumstances]; Mendoza, supra, 24 Cal.4th at p. 180 [that a defendant's flight after commission of crime might show a "consciousness of guilt" violates neither reason nor common sense].)

Other Questions


Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
What is the test for inference of consciousness of guilt when a defendant makes a false or misleading statement after the crime has been committed? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
Can a defendant who fled immediately after the crime was committed "may show that he was aware of his guilt"? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.