CALCRIM (Jury Instructions) Section 371. If the court concludes that one defendant in a multidefendant case failed to comply with the statute, the last brackete
CALCRIM (Jury Instructions) § 371
If the court concludes that one defendant in a multidefendant case failed to comply
with the statute, the last bracketed paragraph should be given.
If the court determines that the defendant is personally responsible for discovery
abuse, see CALCRIM No. 371, Consciousness of Guilt: Supression and Fabrication
of Evidence.
AUTHORITY
•
Instructional Requirements. Pen. Code, § 1054.5(b); People v. Bell (2004) 118
Cal.App.4th 249, 254–257 [12 Cal.Rptr.3d 808]; People v. Cabral (2004) 121
Cal.App.4th 748, 752–753 [17 Cal.Rptr.3d 456]; People v. Saucedo (2004) 121
Cal.App.4th 937, 942–943 [17 Cal.Rptr.3d 692].
SECONDARY SOURCES
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 93–95
et seq.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 70,
Discovery and Investigation, § 70.09[1] (Matthew Bender).
307–314.
Reserved for Future Use
EVIDENCE
CALCRIM No. 306
83
Cal.Rptr. 831]; see also People v. Coffman and Marlow (2004) 34 Cal.4th 1,
102–103 [17 Cal.Rptr.3d 710, 96 P.3d 30].
•
Fabrication or Suppression of Evidence. Evid. Code, § 413; People v. Jackson
(1996) 13 Cal.4th 1164, 1224–1225 [56 Cal.Rptr.2d 49, 920 P.2d 1254]; People
v. Rodrigues (1994) 8 Cal.4th 1060, 1138–1140 [36 Cal.Rptr.2d 235, 885 P.2d 1].
•
Suppression of Evidence. Evid. Code, § 413; see People v. Farnam (2002) 28
Cal.4th 107, 165 [121 Cal.Rptr.2d 106, 47 P.3d 988] [instruction referring to
defendant’s refusal to provide blood or hair sample was not an erroneous
pinpoint instruction].
•
Defendant Present or Authorized Suppression by Third Party. People v. Hannon
(1977) 19 Cal.3d 588, 597–600 [138 Cal.Rptr. 885, 564 P.2d 1203]; People v.
Weiss (1958) 50 Cal.2d 535, 554 [327 P.2d 527]; People v. Kendall (1952) 111
Cal.App.2d 204, 213–214 [244 P.2d 418].
SECONDARY SOURCES
1 Witkin, California Evidence (5th ed. 2012) Hearsay, §§ 112, 113.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.03[2][c] (Matthew Bender).
CALCRIM No. 371
EVIDENCE
142
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 371. If the court concludes that one defendant in a multidefendant case failed to comply with the statute, the last brackete. This means people must follow this rule, and breaking it can lead to criminal penalties.