Is it proper for a defendant to be instructed to leave the scene of a crime and return to the crime scene?

California, United States of America


The following excerpt is from People v. Soto, B230895 (Cal. App. 2012):

Appellant claims as previously indicated. We reject the claim. In general, a flight instruction is proper when the evidence shows the defendant departed the crime scene under circumstances suggesting the defendant's movement was motivated by consciousness of guilt. Flight requires neither the physical act of running nor the reaching of a far-away haven. Flight does require, however, a purpose to avoid being observed or arrested. Mere return to familiar environs from the scene of an alleged crime does not warrant an inference of consciousness of guilt, but the circumstances of departure from the crime scene may sometimes do so. (People v. Smithey (1999) 20 Cal.4th 936, 982.)

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