Is a flight instruction proper when a crime has been committed?
California, United States of America
The following excerpt is from People v. Osuna, B221361 (Cal. App. 2011):
A flight instruction is proper when, as in this case, "'"the evidence shows that the defendant departed the crime scene under circumstances suggesting that his movement was motivated by a consciousness of guilt."' [Citations.]" (People v. Bonilla (2007) 41 Cal.4th 313, 328.) "Evidence that a defendant left the scene is not alone sufficient; instead, the circumstances of departure must suggest 'a purpose to avoid being observed or arrested.'" (Ibid.)
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