California, United States of America
The following excerpt is from People v. Quintana, H038900 (Cal. App. 2014):
Where a defendant's out-of-court statements are admitted, the court must instruct the jury that this evidence must be viewed with caution. (People v. Slaughter (2002) 27 Cal.4th 1187, 1200.) However, because the purpose of the cautionary instruction is to assist the jury in determining whether the statement was made, it may be omitted where the statement was recorded and that recording was played for the jury. (Ibid.)
We are not persuaded that the omission of the cautionary language was error. The purpose of the cautionary instruction is to provide the jury with guidance in making the determination that the defendant in fact made the statement at issue. (People v.
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