What is the test for making a false or deliberately misleading statement in the context of CALCRIM No. 362?

California, United States of America


The following excerpt is from People v. Dark, B262272 (Cal. App. 2016):

3. CALCRIM No. 362 is the successor to CALJIC No. 2.03. Former CALJIC No. 2.03 provided as follows: "'If you find that before this trial [the] defendant made a willfully false or deliberately misleading statement concerning the . . . crimes for which he is now being tried, you may consider that statement as a circumstance tending to prove a consciousness of guilt. However, that conduct is not sufficient by itself to prove guilt, and its weight and significance, if any, are for you to decide.'" (People v. McGowan (2008) 160 Cal.App.4th 1099, 1103.)

Other Questions


What is the test for making a false or deliberately misleading statement about a crime? (California, United States of America)
What is the test for making a false or misleading statement? (California, United States of America)
How have the jury been instructed to interpret the meaning of deliberate deliberate deliberate use of the word "deliberately" in the dictionary? (California, United States of America)
What is the test for deliberate, deliberate, and/or deliberation in the context of an attempted murder case? (California, United States of America)
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)
What is the test for admitting evidence of abuse of discretion in a civil case where a declarant admitted making a false and misleading statement to a jury? (California, United States of America)
When a defendant makes manifestly and deliberately false statements about the circumstances surrounding the allegation of sexual assault, can they be considered admissions of guilt? (California, United States of America)
What is the test for making false or misleading statements? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
What is the test for determining whether a witness has been convicted of making a false statement? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.