Is there any case law in which a defendant has complained of an instruction informing the jury it may reject the testimony of a witness who testified falsely?

California, United States of America


The following excerpt is from People v. Hillhouse, 117 Cal.Rptr.2d 45, 27 Cal.4th 469, 40 P.3d 754 (Cal. 2002):

Defendant also complains of an instruction informing the jury it may reject the testimony of a witness who testified falsely "unless from all the evidence you believe the probability of truth favors his or her testimony in other particulars." (See CALJIC No. 2.21.2.) He argues the phrase "probability of truth" impermissibly lowers the prosecution's burden of proof. We rejected a similar argument in People v. Riel, supra, 22 Cal.4th at page 1200, 96 Cal.Rptr.2d 1, 998 P.2d 969. Although this instruction did not itself explain the reasonable doubt standard of proof, it did not undermine other instructions that did do so.

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