Is instructing a jury to examine the testimony of a sex crime victim with caution?

California, United States of America


The following excerpt is from People v. Boyette, 201 Cal.App.3d 1527, 247 Cal.Rptr. 795 (Cal. App. 1988):

People v. Rincon-Pineda (1975) 14 Cal.3d 864, 123 Cal.Rptr. 119, 538 P.2d 247, disapproved of instructing the jury to examine the testimony of a sex crime victim with caution. This disapproval was qualified by the following statement. "Nothing we say in this opinion should be construed as precluding the development of new instructions designed to enhance juries' consideration of particular types of evidence, such as the testimony of a child of tender years." ( Id. at p. 883, fn. 6, 123 Cal.Rptr. 119, 538 P.2d 247.)

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