What is the test for a statement of "consciousness of guilt" in a criminal case?

California, United States of America


The following excerpt is from People v. Laurance, C086832 (Cal. App. 2019):

For a statement to reflect " 'consciousness of guilt,' " "the defendant's lie [must be] related directly to the crime chargedfor example, a false alibi, a questionable story about how defendant came to innocently possess stolen goods, or a denial of any relationship to the victim." (People v. Fritz (2007) 153 Cal.App.4th 949, 957.) "Deception, falsehood, and fabrication as to the facts of the case are treated as tending to show consciousness of guilt, and are admissible on the same theory as flight and concealment of the person when charged with crime." (People v. Cole (1903) 141 Cal. 88, 90.) "[A]ny false or misleading statements [the defendant] may make to the arresting officers or others with relation to material facts, for the purpose of misleading, or warding off suspicion . . . is receivable in evidence as indicating a consciousness of guilt." (People v. Turner (1948) 86 Cal.App.2d 791, 801.)

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