CALCRIM No. 371

Evidence

<Alternative A—suppression>

[If the defendant tried to hide evidence or discourage someone from

testifying against (him/her), that conduct may show that (he/she) was

aware of (his/her) guilt. If you conclude that the defendant made such an

attempt, it is up to you to decide its meaning and importance. However,

evidence of such an attempt cannot prove guilt by itself.]

<Alternative B—fabrication>

[If the defendant tried to create false evidence or obtain false testimony,

that conduct may show that (he/she) was aware of (his/her) guilt. If you

conclude that the defendant made such an attempt, it is up to you to

decide its meaning and importance. However, evidence of such an

attempt cannot prove guilt by itself.]

<Alternative C—fabrication or suppression by a third party>

[If someone other than the defendant tried to create false evidence,

provide false testimony, or conceal or destroy evidence, that conduct may

show the defendant was aware of (his/her) guilt, but only if the

defendant was present and knew about that conduct, or, if not present,

authorized the other person’s actions. It is up to you to decide the

meaning and importance of this evidence. However, evidence of such

conduct cannot prove guilt by itself.]

<Give final paragraph if multiple defendants on trial>

[If you conclude that a defendant (tried to hide evidence[,]/ discouraged

someone from testifying[,]/ [or] authorized another person to (hide

evidence/ [or] discourage a witness)), you may consider that conduct only

against that defendant. Y ou may not consider that conduct in deciding

whether any other defendant is guilty or not guilty.]

New January 2006