In what circumstances will a jury be able to convict a defendant of assault for refusing to take a polygraph?

We also observe that counsel did not request an instruction admonishing the jury that the refusal to take a polygraph cannot prove guilt by itself. Thus, the jury was permitted to use defendant's refusal as conclusive evidence of his guilt. Where false statements are admitted to show consciousness of guilt, the court must instruct that the jury is forbidden from basing a conviction solely on the fact the defendant made false statements. (See CALCRIM No. 362; People v. Williams (2000) 79 Cal.App.4th 1157, 1168.) While the trial court gave that instruction (which was appropriate given defendant's false statement to the police that he was not at the party), some of the prejudice may have been mitigated had counsel requested a similar instruction with respect to defendant's refusal to take the polygraph examination.