CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Jury Instructions
.........Consciousness of Guilt
4 Cards On This Topic:

D's refusal to participate in lineup properly admitted as consciousness of guilt; probative value outweighed prejudice.

Objections are not necessary to preserve appellate review of consciousness of guilt instructions.

Along with D's challenges to consciousness of guilt instructions re false statements and evidence suppression having been consistently rejected in past, there was ample evidentiary support for them.

A defendant’s refusal to participate in a lineup is admissible evidence supporting an inference of consciousness of guilt; instructions proper.