What is the current state of the law on "immediate" flight instruction?

California, United States of America


The following excerpt is from People v. Patten, B281573 (Cal. App. 2018):

Respondent acknowledges that the flight instruction was incorrectly modified, as the trial court had intended to instruct, "'immediately after the crime is committed or officers arrived at the home.'" (Italics added.) Respondent points out that a flight instruction may be given where flight is not immediate, and even weeks later if the defendant knows that he is suspected of having committed a crime. (See People v. Howard (2008) 42 Cal.4th 1000, 1020-1021.)10 "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.

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