CALCRIM No. 360. Statements to an Expert

Judicial Council of California Criminal Jury Instructions (2022 edition)

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360.Statements to an Expert
<Insert name> testified that in reaching (his/her)
conclusions as an expert witness, (he/she) considered [a] statement[s]
made by <insert name>. [I am referring only to the
statement[s] <insert or describe statements admitted for this
limited purpose>.] You may consider (that/those) statement[s] only to
evaluate the expert’s opinion. Do not consider (that/those) statement[s] as
proof that the information contained in the statement[s] is true.
New January 2006; Revised March 2018
BENCH NOTES
Instructional Duty
Although the court has no sua sponte duty to give this instruction, it should be
given if appropriate under the circumstances. (People v. Cantrell (1973) 8 Cal.3d
672, 683 [105 Cal.Rptr. 792, 504 P.2d 1256], disapproved on other grounds in
People v. Wetmore (1978) 22 Cal.3d 318, 324 [149 Cal.Rptr. 265, 583 P.2d 1308]
and People v. Flannel (1979) 25 Cal.3d 668, 684-685, fn. 12 [160 Cal.Rptr. 84, 603
P.2d 1].)
This instruction should not be given if all of the statements relied on by the expert
were admitted under applicable hearsay exceptions. If some but not all of the
defendant’s statements were admitted for the limited purpose of evaluating the
expert’s testimony, specify those statements in the bracketed sentence.
AUTHORITY
Instructional Requirements. In re Spencer (1965) 63 Cal.2d 400, 412 [46
Cal.Rptr. 753, 406 P.2d 33].
Inadmissible Case-Specific Hearsay Not Basis for Expert Testimony. People v.
Sanchez (2016) 63 Cal.4th 665, 684-686 [204 Cal.Rptr.3d 102, 374 P.3d 320];
People v. Vega-Robles (2017) 9 Cal. App. 5th 382, 416 [215 Cal.Rptr 3d 284].
SECONDARY SOURCES
4 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 136.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 71,
Scientific and Expert Evidence, § 71.04 (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.02[2][b] (Matthew Bender).
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