CALCRIM (Jury Instructions) Section 357. Do not give this instruction if the defendant’s failure to reply was based on his or her invocation of the right to rem
CALCRIM (Jury Instructions) § 357
Do not give this instruction if the defendant’s failure to reply was based on his or
her invocation of the right to remain silent. (See Griffın v. California (1965) 380
U.S. 609 [85 S.Ct. 1229, 14 L.Ed.2d 106]; People v. Cockrell (1965) 63 Cal.2d 659
[47 Cal.Rptr. 788, 408 P.2d 116].)
AUTHORITY
•
Instructional Requirements. People v. Atwood (1963) 223 Cal.App.2d 316,
332–333 [35 Cal.Rptr. 831]; People v. Vindiola (1979) 96 Cal.App.3d 370 [158
Cal.Rptr. 6]; People v. Humphries (1986) 185 Cal.App.3d 1315, 1336 [230
Cal.Rptr. 536]; see People v. Riel (2000) 22 Cal.4th 1153, 1189 [96 Cal.Rptr.2d
1, 998 P.2d 969].
RELATED ISSUES
Defendant Intoxicated When Admission Made
“Declarations of a prisoner under the influence of intoxicants are not rendered
inadmissible by reason of his drunkenness. That condition would go only to the
weight of the evidence.” (People v. MacCagnan (1954) 129 Cal.App.2d 100, 112
[276 P.2d 679].)
SECONDARY SOURCES
8 Witkin, California Procedure (5th ed. 2008) Trial, § 303.
1 Witkin, California Evidence (5th ed. 2012) Hearsay, §§ 103–106.
2 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 30,
Confessions and Admissions, §§ 30.04[4], 30.57 (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,
Evidence, § 83.13[3][b] (Matthew Bender).
EVIDENCE
CALCRIM No. 357
127
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 357. Do not give this instruction if the defendant’s failure to reply was based on his or her invocation of the right to rem. This means people must follow this rule, and breaking it can lead to criminal penalties.