What is the test for inference of consciousness of guilt when a defendant makes a false or misleading statement after the crime has been committed?

California, United States of America


The following excerpt is from People v. Addington, C075134 (Cal. App. 2015):

"The inference of consciousness of guilt from willful falsehood or fabrication . . . is one supported by common sense, which many jurors are likely to indulge even without an instruction." (People v. Holloway (2004) 33 Cal.4th 96, 142.) The trial court charged the jury with the present pattern instruction on this principle, which provides that making a false or misleading statement after the commission of a crime "may show [a defendant] was aware of her guilt of the crime and you may consider it in determining her guilt." (CALCRIM No. 362.)

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