4.31 Consciousness of Guilt (False Exculpatory Statements) You have heard testimony that made certain (name of defendant) statements outside the courtroom to law enforcement authorities in which claimed that conduct was consistent with innocence and (he)(she) (his)(her) not with guilt. The government claims that these statements are false. If you find that made a false statement in order to (name of defendant) direct the attention of the law enforcement officers away from you may, but are not required to conclude that (himself)(herself), (name of believed that was guilty. It is reasonable to infer that an defendant) (he)(she) innocent person does not usually find it necessary to invent or fabricate an explanation or statement tending to establish innocence. You may (his)(her) not, however, conclude on the basis of this alone, that is, in (name of defendant) fact, guilty of the crime for which is charged. (he)(she) You must decide whether or not the evidence as to (name of defendant) shows that believed that was guilty, and the significance, if (he)(she) (he)(she) any, to be attached to this evidence. In your evaluation, you may consider that there may be reasons - fully consistent with innocence - that could cause a person to give a false statement that did not commit a crime. Fear (he)(she) of law enforcement, reluctance to become involved, or simple mistake may cause an innocent person to give such a statement or explanation.
4.31 Consciousness of Guilt (False Exculpatory Statements) You have heard testimony that (name of defendant) made certain statements outside the courtroom to law enforcement authorities in which (he)(she) claimed that (his)(her) conduct was consistent with innocence and not with guilt. The government claims that these statements are false. If you find that (name of defendant) made a false statement in order to direct the attention of the law enforcement officers away from (himself)(herself), you may, but are not required to conclude that (name of defendant) believed that (he)(she) was guilty. It is reasonable to infer that an innocent person does not usually find it necessary to invent or fabricate an explanation or statement tending to establish (his)(her) innocence. You may not, however, conclude on the basis of this alone, that (name of defendant) is, in fact, guilty of the crime for which (he)(she) is charged. You must decide whether or not the evidence as to (name of defendant) shows that (he)(she) believed that (he)(she) was guilty, and the significance, if any, to be attached to this evidence. In your evaluation, you may consider that there may be reasons - fully consistent with innocence - that could cause a person to give a false statement that (he)(she) did not commit a crime. Fear of law enforcement, reluctance to become involved, or simple mistake may cause an innocent person to give such a statement or explanation.
2017%20Chapter%204%20revisions%20final.docx