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NCJ Number: 34005 Find in a Library
Title: ABOLISHING CAUTIONARY INSTRUCTIONS IN SEX OFFENSE CASES PEOPLE V RINCON-PINEDA
Journal: CRIMINAL LAW BULLETIN  Volume:12  Issue:1  Dated:(JANUARY-FEBRUARY 1976)  Pages:58-72
Author(s): R L EISENBERG
Corporate Author: Warren, Gorham and Lamont, Inc
United States of America
Date Published: 1976
Page Count: 15
Sponsoring Agency: Warren, Gorham and Lamont, Inc
Boston, MA 02111
Format: Article
Language: English
Country: United States of America
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)
Index Term(s): California; Judicial decisions; Jury instructions; Rape; Sex offenses; Sexual assault; State supreme courts
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=34005

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