What is the test for giving a jury a "consciousness of guilt" instruction in a criminal case?

California, United States of America


The following excerpt is from People v. Riley, A132151 (Cal. App. 2012):

Defendant argues the CALCRIM No.362 instruction was improper in light of the evidence based almost entirely on United States v. Littlefield (1st Cir. 1988) 840 F.2d 143 (Littlefield). The Littlefield court considered a "consciousness of guilt" instruction to the jury "that it may consider the circumstantial evidence indicating consciousness of guilt, in light of all other evidence in the case, in determining whether the defendant is guilty." (Id. at p. 148.) The court concluded that the instruction "should not be given when . . . the jury could find the exculpatory statement at issue to be false only if it already believed evidence directly establishing the defendant's guilt." (Id. at p. 149.) To avoid this confusing and "circular" thinking, whereby the jury must first conclude a defendant is guilty in order to find his or her statement to be false and, thus, find evidence of a consciousness of guilt, the court concluded the instruction should only be given when the purportedly false statement is about a collateral matter or is "so incredible that its very implausibility suggests that it was created to conceal guilt." (Ibid.) The Littlefield court held the trial court erred by giving the instruction because it was confusing and encouraged circular thinking under the facts and circumstances of the case (in which defendant's statements could only be found misleading based on expert testimony at trial directly establishing his guilt), but that the error was harmless. (Id. at pp. 148-150.)

Other Questions


When there is evidence of an accomplice giving instructions to a jury in a criminal case, what is the duty of the trial court to give the jury instructions? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
What authority does a court have to give supplemental jury instructions to a deadlocked jury in a criminal case? (California, United States of America)
What is the test for admissible evidence of consciousness of guilt in a criminal case? (California, United States of America)
Is there any case law where a properly instructed jury would have acquitted defendant of criminal threat but convicted her of making criminal threat? (California, United States of America)
Does a judge have a sua sponte duty to give a bracketed portion of instruction in a criminal case? (California, United States of America)
Does a party have to complain to the Court on appeal that an instruction in a criminal case instructing a jury to convict a defendant of possessing all six firearms was "too general or incomplete"? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.