When will evidence suggesting that a defendant has intimidated a witness be admissible to prove consciousness of guilt?

California, United States of America


The following excerpt is from People v. Miller, B219922, Los Angeles County Super. Ct. No. MA041498 (Cal. App. 2011):

In People v. Williams (1997) 16 Cal.4th 153, 200, our high court summarized the general principles regarding when evidence suggesting the defendant has intimidated a witness is admissible to prove consciousness of guilt: " ' " 'Generally, evidence of the attempt of third persons to suppress testimony is inadmissible against a defendant where the effort did not occur in his presence. [Citation.] However, if the defendant has authorized the attempt of the third person to suppress testimony, evidence of such

Page 16

conduct is admissible against the defendant.' " ' [Citations.] In [People v. Terry (1962) 57 Cal.2d 538, 566], we held that proof of a criminal defendant's 'mere opportunity' to authorize a third person to attempt to influence a witness 'has no value as circumstantial evidence' that the defendant did so."

Other Questions


Is the evidence that a defendant fled the scene of a crime admissible to prove consciousness of guilt? (California, United States of America)
Is a parole officer's testimony admissible to prove a defendant's consciousness of guilt? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted? (California, United States of America)
What is the test for using evidence of a defendant's guilt in one sexual offence to prove his propensity to commit another sexual offence? (California, United States of America)
Is evidence of past conduct admissible to prove a defendant's intent to commit a crime? (California, United States of America)
Can testimony of an ordinary witness who claims to have heard the confession or damaging admission of a criminal defendant be excluded from evidence? (California, United States of America)
What is the test for admitting evidence of abuse of the abuse of evidence for the purpose of motive and consciousness of guilt? (California, United States of America)
Is evidence of crimes committed by a defendant other than those charged admissible to prove criminal disposition or poor character? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.