California, United States of America
The following excerpt is from People v. Byers, 275 Cal.Rptr.3d 661, 61 Cal.App.5th 447 (Cal. App. 2021):
Giving CALCRIM No. 331 did not lower the prosecution's burden of proof. The instruction does not " "unduly inflate the testimony" " of the witness. ( People v. Catley (2007) 148 Cal.App.4th 500, 507, 55 Cal.Rptr.3d 786 ( Catley ).) Instead, it advises the jury to consider the impairment with "all of the factors surrounding that person's testimony," and states that the impairment "does not mean he or she is any more or less credible than another witness." ( CALCRIM No. 331, italics added.) A defendant "cannot complain of an instruction the necessary effect of which is to increase the likelihood of a fair result." ( Catley, at p. 507, 55 Cal.Rptr.3d 786.)
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