Posted On: February 7, 2009
CONSCIOUSNESS OF GUILT FOR FALSE STATEMENTS MADE WHILE TESTIFYING
CONSCIOUSNESS OF GUILT FOR FALSE STATEMENTS MADE WHILE TESTIFYING
Here is another dreaded jury instruction: CALCRIM 362. It states that if the defendant made false statements related to the crime, that can be used as consciousness of guilt.
Here, the DA got the instruction based on his claim that the defendant lied WHILE TESTIFYING. The Court of Appeal "doubts" that the instruction was intended to be used in this way but finds harmless error. They can't find any case where this sort of instruction was used in relation to testimony.
We can use this to resist the CALCRIM in this context. THERE IS NO LAW AUTHORIZING THIS USE OF THIS INSTRUCTION FOR THIS PURPOSE.
People v. Beyar; 2009 DJ DAR 1659; DJ, 2/5/09; C/A 2nd, Div. 4
