Conn. Crim. Jury Instr. 2.6-3

In any criminal trial it is permissible for the state to show that conduct or statements made by a

defendant after the time of the alleged offense may have been influenced by the criminal act; that

is, the conduct or statements show a consciousness of guilt.

[<Include if appropriate:> For example,

• flight, when unexplained, may indicate consciousness of guilt if the facts and the

circumstances support it.

• a person’s possession of or attempt to conceal anything acquired through the crime may

tend to show a consciousness of guilt.

• a person’s false statements as to (his/her) whereabouts at the time of the offense may tend

to show a consciousness of guilt.]

Such (acts / statements) do not, however, raise a presumption of guilt.3 If you find the evidence

proved and also find that the (acts / statements) were influenced by the criminal act and not by

any other reason, you may, but are not required to, infer from this evidence that the defendant

was acting from a guilty conscience.4

The state claims that the following conduct is evidence of consciousness of guilt: <describe

specific evidence>.

It is up to you as judges of the facts to decide whether the defendant’s (acts / statements), if

proved, reflect a consciousness of guilt and to consider such in your deliberations in conformity

with these instructions.

1 It is improper to refer to a “guilty connection” as a synonym for “consciousness of guilt.” State

v. Francis, 228 Conn. 118, 133 n.16 (1993); State v. Murdick, 23 Conn. App. 692, 702-703, 703

n.6, cert. denied, 217 Conn. 809 (1991).

2 In State v. Carlson, 226 Conn. App. 514, 539, cert. denied, 350 Conn. 911 (2024), the

Appellate Court disagreed that this language burdened the defendant’s constitutional right not to

testify by suggesting that he was obligated to provide an explanation for his flight.

3 See State v. Lugo, 266 Conn. 674, 697 (2003).

4 See State v. Hernandez, 91 Conn. App. 169, 177 (court improperly instructed that statements

when shown to be false are circumstantial evidence of consciousness of guilt rather than that

they are circumstantial evidence from which may be inferred a consciousness of guilt), cert.

denied, 276 Conn. 912 (2005).