Model Utah Jury Instructions, Second Edition – Criminal
Stock Instructions for Particular Circumstances.

CR405 Flight from Scene.

Evidence was introduced at trial that the defendant may have fled or attempted to flee from the crime scene. This evidence alone is not enough to establish guilt. However, if you believe that evidence, you may consider it along with the rest of the evidence in reaching a verdict. It’s up to you to decide how much weight to give that evidence.

Keep in mind that there may be reasons for flight that could be fully consistent with innocence. Even if you choose to infer from the evidence that the defendant had a “guilty conscience,” that does not necessarily mean (he) (she) is guilty of the crime charged.

References

United States v. Martinez, 681 F.2d 1248, 1256-58 (10th Cir. 1982).
Bailey v. United States, 410 F.2d 1209, 1217 (10th Cir. 1969).
State v. Franklin, 735 P.2d 34, 39 (Utah 1987).
State v. Bales, 675 P.2d 573, 574-76 (Utah 1983).
State v. Simpson, 236 P.2d 1077, 1079 (Utah 1951).
29 Am. Jur.2d Evidence § 316.
75B Am. Jur.2d Trial § 1333.

 

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