Is a defendant entitled to a flight instruction from the scene of the crime?

California, United States of America


The following excerpt is from People v. Lucas, 12 Cal.4th 415, 48 Cal.Rptr.2d 525, 907 P.2d 373 (Cal. 1995):

We have observed that "[a] flight instruction is proper whenever evidence of the circumstances of defendant's departure from the crime scene or his usual environs, ... logically permits an inference that his movement was motivated by guilty knowledge." (People v. Turner (1990) 50 Cal.3d 668, 694, 268 Cal.Rptr. 706, 789 P.2d 887.) Here, defendant's testimony itself suggested he fled in panic from the scene, though he claimed he fled from what he assumed were nightmare visions. There was evidence he was away from his home for several days after the crime. In addition, the evidence of the bloody jeans and boxer shorts found in his home could support the [12 Cal.4th 471] inference he left home with guilty knowledge. Finally, his employer's testimony that he had instructed defendant to be ready for work on October 16, but that when he called defendant's home on the morning of October 16, defendant's wife said he had not been home, suggested defendant had departed from his usual environs. Sufficient evidence of flight existed to warrant the giving of the disputed instruction.

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