California, United States of America
The following excerpt is from People v. Johnson, A131027 (Cal. App. 2013):
Similarly, CALCRIM No. 362 allowed, but did not compel, the jury to find defendant made a false or misleading pretrial statement. If the jury did not make the allowed findings, then it was advised "to disregard" the challenged instructions.7 (People v. Lamer (2003) 110 Cal.App.4th 1463, 1472 (Lamer); see People v. Yeoman (2003) 31 Cal.4th 93, 130 [court presumes jury is able to understand and follow instructions].) Additionally, each challenged instruction admonished the jury that any evidence of defendant's failure to deny or explain (CALCRIM No. 361) or his false or misleading pretrial statement (CALCRIM No. 362) was not sufficient to convict, and the jury was to decide both the meaning and importance of any such evidence.
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