| Evidence |
|---|
| Part of the law series |
| Types of evidence |
| Relevance |
| Authentication |
| Witnesses |
| Hearsay and exceptions |
| Other common law areas |
In the law of evidence, consciousness of guilt is a type of circumstantial evidence that judges, prosecutors, and juries may consider when determining whether a defendant is guilty of a criminal offense. It is often admissible evidence,[1] and judges are required to instruct juries on this form of evidence.[2] Deceptive statements or evasive actions made by a defendant after the commission of a crime or other wrongdoing are seen as evidence of a guilty conscience. These are not the typical behaviors of an innocent person, and a "defendant's actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy indicates guilt".[3]
- ^ Cite error: The named reference
NYJudiciarywas invoked but never defined (see the help page). - ^ Cite error: The named reference
Calcrim_2023was invoked but never defined (see the help page). - ^ Gibson, David R; Fox, Matthew P (May 2, 2021). "Facts into faults: The grammar of guilt in jury deliberations". Discourse Studies. 23 (4). Sage Publishing: 474–496. doi:10.1177/14614456211001605. ISSN 1461-4456.