California Criminal Jury Instructions (CALCRIM) (2017)

318. Prior Statements as Evidence

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318.Prior Statements as Evidence
You have heard evidence of [a] statement[s] that a witness made before
the trial. If you decide that the witness made (that/those) statement[s],
you may use (that/those) statement[s] in two ways:
1. To evaluate whether the witness’s testimony in court is
believable;
AND
2. As evidence that the information in (that/those) earlier
statement[s] is true.
New January 2006; Revised August 2012
BENCH NOTES
Instructional Duty
The court has no sua sponte duty to give this instruction. (People v. Griffın (1988)
46 Cal.3d 1011, 1026 [251 Cal.Rptr. 643, 761 P.2d 103].) Use this instruction when
a testifying witness has been confronted with a prior inconsistent statement.
If prior testimony of an unavailable witness was impeached with a prior
inconsistent statement, use CALCRIM No. 319, Prior Statements of Unavailable
Witness. (People v. Williams (1976) 16 Cal.3d 663, 668–669 [128 Cal.Rptr. 888,
547 P.2d 1000].) If the prior statements were obtained by a peace officer in
violation of Miranda, give CALCRIM No. 356, Miranda-Defective Statements.
AUTHORITY
• Instructional Requirements. California v. Green (1970) 399 U.S. 149, 158 [90
S.Ct. 1930, 26 L.Ed.2d 489]; People v. Cannady (1972) 8 Cal.3d 379, 385–386
[105 Cal.Rptr. 129, 503 P.2d 585]; see Evid. Code, §§ 770, 791, 1235, 1236.
• This Instruction Upheld. People v. Tuggles (2009) 179 Cal.App.4th 339,
363–367 [100 Cal.Rptr.3d 820]; People v. Golde (2008) 163 Cal.App.4th 101,
120 [77 Cal.Rptr.3d 120].
Secondary Sources
1 Witkin, California Evidence (4th ed. 2000) Hearsay, § 157.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82,
Witnesses, § 82.22[3][b], Ch. 83, Evidence, § 83.13[3][e], [f], Ch. 85, Submission to
Jury and Verdict, § 85.03[2][b] (Matthew Bender).
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