Ala. Pattern Jury Instr. (Criminal) DESTRUCTION_OF_EVIDENCE

Destruction of Evidence by Defendant

There has been evidence that the defendant obliterated, destroyed or suppressed

evidence of a crime or attempted or desired to do so to avoid prosecution. Evidence of

the defendant’s destruction of evidence or attempt or desire to do so is admissible for

your consideration to prove consciousness of guilt of the defendant. However, this

evidence can only be considered by you as evidence of consciousness of guilt, but not

as an admission by the defendant of his/her guilt.

When the State of Alabama offers evidence of a defendant’s destruction of

evidence or attempt or desire to do so, then the defendant has the right to s how that the

claimed destruction of evidence or attempt or desire to do so was not in fact such. So

when considering evidence of destruction of evidence or attempt or desire to do so, you

should consider that there may be factors, other than a consciousnes s of guilt, which

could cause the defendant to do so and as such are not proof of consciousness of guilt.

It is up to the jury to decide whether or not the defendant obliterated, destroyed or

suppressed evidence of a crime or tried or desired to do so to avoid prosecution and, if

so, whether or not the defendant’s act was from a consciousness of guilt or for some other

reason.