Does a court have a duty to instruct a jury that the fact of a conviction does not necessarily destroy or impair credibility?

California, United States of America

The following excerpt is from People v. Toscano, 2d Crim. No. B280373 (Cal. App. 2017):

Appellant asserts that the trial court erroneously failed to instruct sua sponte pursuant to CALCRIM No. 316, "which would have informed the jurors that the fact of a conviction does not necessarily destroy or impair a witness's credibility."³ The Bench Notes to the instruction state: "There is no sua sponte duty to give this instruction; however, the instruction must be given on request. [Citations.]" (See People v. Kendrick (1989) 211 Cal.App.3d 1273, 1278 [no sua sponte duty to give equivalent CALJIC No. 2.23 instruction].) The court, therefore, did not have a duty to instruct sua sponte pursuant to CALCRIM No. 316.

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