Is the prosecution required to prove Page 17 of the Penal Code that a defendant fled the scene of the crime because of fear of prosecution?

California, United States of America


The following excerpt is from People v. Diaz, F063116 (Cal. App. 2013):

"Penal Code section 1127c requires that whenever evidence of flight is relied on to show guilt, the court must instruct the jury that while flight is not sufficient to establish guilt, it is a fact which, if proved, the jury may consider. This statute was enacted to abolish the common law rule that the jury could not be instructed on flight unless there was evidence defendant knew he had been accused." (People v. Pensinger (1991) 52 Cal.3d 1210, 1243.) "'In general, a flight instruction "is proper where 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.) The prosecution is not required to "prove the

Page 17

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