Carolina Mom
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Thank you for the clarification. This example helps me process it better. Hopefully his false statements will help the prosecution.Statements are evidence whether true or not. Sometimes it's better evidence if the statements are false.
His statements are facts and information.
Here is an example from a hypothetical case:
Wife and baby are found dead in the home after dad returns home from work. He claims they were awake when he left for work.
He claims he worked the whole day and never came back to the house. Unbeknownst to him, a neighbor had a camera that recorded him coming home in the middle of the day and emerging from the house an hour later.
Dad's statement that he was not there is evidence. It can show he lied, likely because he is aware he harmed the family and is attempting to to conceal his involvement. It is a fact yang he gave that statement. His statement is a lie but it is information as to what he told investigators.
This is consciousness of guilt evidence and/or evidence that a jury can consider in relation to a suspect or witnesses credibility, in order to determine whether the prosecution's belief that he killed his family, is true.
So am attorney may give an opening statement as follows:
"The evidence will show that Peter murdered his wife and child. It will show he claimed he never came home from work. It will show that he did indeed come home from work so he lied." Etc.
Consciousness of Guilt Law and Legal Definition
Evidentiary rules allow a prosecutor to introduce testimony that tends to show that the defendants actions prove he knew he was guilty (at least of something). This is sometimes referred to as “consciousness of guilt”. For example, such evidence may include actions the defendant took to “cover up” his alleged crime. Flight, when unexplained, may indicate consciousness of guilt if the facts and the circumstances support it. A person's false statements as to (his/her) whereabouts at the time of the offense may tend to show a consciousness of guilt. Consciousness of Guilt Law and Legal Definition | USLegal, Inc.
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