What is the test for evidence of a defendant fleeing the scene of a crime?
California, United States of America
The following excerpt is from People v. Suazo, D060885 (Cal. App. 2014):
Whenever the prosecution relies in part on evidence of the defendant's flight, the trial court has a sua sponte duty to instruct the jury with CALCRIM No. 372 or its equivalent. ( 1127c.) "Evidence that a defendant left the scene is not alone sufficient; instead, the circumstances of departure must suggest a purpose to avoid being observed or arrested." (People v. Bonilla (2007) 41 Cal.4th 313, 328, internal quotations omitted.)
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