362 . Consciousness of Guilt: False Statements
If [the] defendant [ defendants on trial> ] made a false or misleading statement befor e this trial relating to the charged crime, knowing the statement was false or intending to mislead, that conduct may show (he/she) was aware of (his/ her) guilt of the crime and you may consider it in determining (his/her) guilt. [Y ou may not consider the statement in deciding any other defendant’ s guilt.] If you conclude that the defendant made the statement, it is up to you to decide its meaning and importance. However , evidence that the defendant made such a statement cannot prove guilt by itself. New January 2006; Revised August 2009, April 2010, September 2019 BENCH NOTES Instructional Duty This instruction should not be given unless it can be inferred that the defendant made the false statement for self-protection rather than to protect someone else. ( People v . Rankin (1992) 9 Cal.App.4th 430, 436 [11 Cal.Rptr .2d 735] [error to instruct on false statements and consciousness of guilt where defendant lied to protect an accomplice]; see also People v . Blakeslee (1969) 2 Cal.App.3d 831, 839 [82 Cal.Rptr . 839].) Consider modifying this instruction when the evidence supports an inference that the defendant was aware of his or her guilt generally , but not of the charged crime. People v . Burton (2018) 29 Cal.App.5th 917, 926, fn.2 [241 Cal.Rptr .3d 35]. • Instructional Requirements. People v . Najera (2008) 43 Cal.4th 1132, 1 139 [77 Cal.Rptr .3d 605, 184 P .3d 732] [in context of adoptive admissions]; People v . Atwood (1963) 223 Cal.App.2d 316, 333 [35 Cal.Rptr . 831]; but see People v . Carter (2003) 30 Cal.4th 1 166, 1 197-1 198 [135 Cal.Rptr .2d 553, 70 P .3d 981]; see also People v . Coffman and Marlow (2004) 34 Cal.4th 1, 102-103 [17 Cal.Rptr .3d 710, 96 P .3d 30]. • This Instruction Upheld. People v . McGowan (2008) 160 Cal.App.4th 1099, 1104 [74 Cal.Rptr .3d 57]. COMMENT AR Y The word “willfully” was not included in the description of the making of the false statement. Although one court suggested that the jury be explicitly instructed that the defendant must “willfully” make the false statement ( People v . Louis (1984) 159 Cal.App.3d 156, 161-162 [205 Cal.Rptr . 306]), the California Supreme Court subsequently held that such language is not required. ( People v . Mickey (1991) 54 Cal.3d 612, 672, fn. 9 [286 Cal.Rptr . 801, 818 P .2d 84].) RELA TED ISSUES The false nature of the defendant’ s statement may be shown by inconsistencies in the defendant’ s own testimony , his or her pretrial statements, or by any other prosecution evidence. ( People v . Kimble (1988) 44 Cal.3d 480, 498 [244 Cal.Rptr . 148, 749 P .2d 803] [overruling line of cases that required falsity to be demonstrated only by defendant’ s own testimony or statements]; accord People v . Edwar ds (1992) 8 Cal.App.4th 1092, 1 103 [10 Cal.Rptr .2d 821]; People v . W illiams (1995) 33 Cal.App.4th 467, 478-479 [39 Cal.Rptr .2d 358].) Un-Mirandized V oluntary Statement The Miranda rule ( Miranda v . Arizona (1966) 384 U.S. 436, 444, 479 [86 S.Ct. 1602, 16 L.Ed.2d 694]) does not prohibit instructing the jury that it may draw an inference of guilt from a willfully false or deliberately misleading un- Mirandized statement that the defendant voluntarily introduces into evidence on direct examination. ( People v . W illiams (2000) 79 Cal.App.4th 1 157, 1 166-1 169 [94 Cal.Rptr .2d 727].) SECONDAR Y SOURCES 1 W itkin, California Evidence (5th ed. 2012) Hearsay , § 1 1 1. 5 W itkin & Epstein, California Criminal Law (3d ed. 2000) Criminal T rial, § 641. 4 Millman, Sevilla & T arlow , California Criminal Defense Practice, Ch. 83, Evidence , § 83.13[1], Ch. 85, Submission to Jury and V er dict , § 85.03[2][c] (Matthew Bender). 363-369. Reserved for Future Use CALCRIM No. 362 EVIDENCE Page last reviewed May 2024 Amherst professor Austin Sarat discusses the case of Richard Glossip, an Oklahoma death row inmate whose conviction has been challenged by the state’s attorney general, and the broader constitutional question of executing innocent people. Lawyers - Get Listed Now! Get a free directory profile listing
