What is the test for using prior statements as evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Phillips, C055870 (Cal. App. 11/14/2008), C055870 (Cal. App. 2008):
As we recently explained: "CALCRIM No. 318 tells jurors how they may use the prior statements `[i]f [they] decide that the witness made those statements . . . .' Thus, the `may' comes into play only after the jurors have found the statements were made. The instruction does not allow the jurors to ignore evidence." (People v. Golde (2008) 163 Cal.App.4th 101, 119-120; accord People v. Felix (2008) 160 Cal.App.4th 849, 859.)
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