California Criminal Jury Instructions (CALCRIM 2023)
361. Failure to Explain or Deny Adverse Evidence
If the defendant failed in (his/her) testimony to explain or deny evidence against (him/her), and if (he/she) could reasonably be expected to have done so based on what (he/she) knew, you may consider (his/her) failure to explain or deny in evaluating that evidence. Any such failure is not enough by itself to prove guilt. The People must still prove the defendant guilty beyond a reasonable doubt.
If the defendant failed to explain or deny, it is up to you to decide the meaning and importance of that failure.
New January 2006; Revised April 2010, February 2016, March 2017, April 2020
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