NCJ Number
34005
Journal
Criminal Law Bulletin Volume: 12 Issue: 1 Dated: (JANUARY-FEBRUARY 1976) Pages: 58-72
Date Published
1976
Length
15 pages
Annotation
AN ANALYSIS OF A 1975 CALIFORNIA SUPREME COURT DECISION ABOLISHING MANDATORY CAUTIONARY INSTRUCTIONS TO JURIES IN SEX OFFENSE CASES.
Abstract
THE HISTORY OF CAUTIONARY INSTRUCTIONS IN SUCH CASES IS BRIEFLY REVIEWED. THE COURT RULED THAT THE FOCUS IN A CAUTIONARY INSTRUCTION SHOULD BE ON THE EVIDENCE PRESENTED IN A PARTICULAR CASE RATHER THAN THE NATURE OF THE CRIME. THEREFORE, THE TRADITIONAL CAUTIONARY INSTRUCTION MAY NEVER BE GIVEN BY TRIAL JUDGES. INSTEAD, THE COURT PROPOSED A SERIES OF INSTRUCTIONS BASED ON THE EVIDENCE IN THE PARTICULAR AND NOT ON ASSUMPTIONS DRAWN FROM THE NATURE OF THE OFFENSE OR THE COMPLAINING WITNESS. (AUTHOR ABSTRACT MODIFIED)