CA · jury_instructions
CALCRIM No. 361
Failure to Explain or Deny Adverse Evidence
If the defendant failed in (his/her) testimony to explain or deny evidence
against (him/her), and if (he/she) could reasonably be expected to have
done so based on what (he/she) knew, you may consider (his/her) failure
to explain or deny in evaluating that evidence. Any such failure is not
enough by itself to prove guilt. The People must still prove the defendant
guilty beyond a reasonable doubt.
If the defendant failed to explain or deny, it is up to you to decide the
meaning and importance of that failure.
New January 2006; Revised April 2010, February 2016, March 2017, April 2020
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2020
- Content hash
abe153c67d6172393f21607e77d9f9eb43510b1e51d3691b169acbd462635a9b
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