Consciousness of Guilt is both a concept and a type of circumstantial evidence used in criminal trials by prosecutors. It refers to a powerful and highly incriminating inference that a judge or jury may draw from the statements or conduct of a defendant (accused) after a crime has been committed suggesting that the defendant knows he or she is guilty of the charged crime. In other words, the defendant's conduct after the crime is circumstantial (indirect) evidence that the defendant intended to commit the crime, or, in fact, committed the crime. Some of the most common types of consciousness of guilt are: Fleeing from the crime scene or jurisdiction False statements and lies False alibi Changing name or personal appearance Concealing or destroying evidence (including a body or weapon) Witness intimidation or bribery. Some behaviors by a defendant that do not constitute consciousness of guilt include mere denying a crime and silence after being accused of a crime by a police officer. The prosecutor in a criminal trial is permitted to show that conduct or statements made by a defendant after the alleged offense may have been influenced by a defendant's criminal act. In California, there are four Jury Instructions that can selectively be used by prosecutors to demonstrate or suggest consciousness of guilt by a defendant: CALCRIM Jury Instruction 362 – Consciousness of Guilt: False Statements If the defendant made a false or misleading statement before this trial relating to the charged crime, knowing the statement was false or intending to mislead, that conduct may show (he/she) was aware of (his/her) guilt of the crime and you may consider it in determining (his/her) guilt. [You may not consider the statement in deciding any other defendant's guilt.] CALCRIM Jury Instruction 371- Consciousness of Guilt: Suppression & Fabrication of Evidence If the defendant tried to hide evidence or discourage someone from testifying against (him/her), that conduct may show that (he/she) was aware of (his/her) guilt. If you conclude that the defendant made such an attempt, it is up to you to decide its meaning and importance. However, evidence of such an attempt cannot prove guilt by itself. CALCRIM Jury Instruction 372: Defendant's Flight If the defendant fled [or tried to flee] immediately after the crime was committed / or after (he/she) was accused of committing the crime), that conduct may show that (he/she) was aware of (his/her) guilt. If you conclude that the defendant fled [or tried to flee], it is up to you to decide the meaning and importance of that conduct. However, evidence that the defendant fled [or tried to flee] cannot prove guilt by itself. http://www.lacriminaldefenseattorney.com/Legal-Dictionary/C/Consciousness-of-Guilt.aspx
I was just this morning thinking about posting on why disinformation is so effective. The Thread title was going to be "Carlos Slim Now in Control of the New York Times, WTF!" . One of our jem-like colleagues was convinced that Carlos Slim controlled the New York times and no amount of facts could dissuade him. True Story! How is it that sites like Alex Jones' Infowars, Breitbart, and Russian Hackers can be so effective at getting into the minds of everyday citizens? I think I have figured it out. They start with some bonafide fact; an eye catching Headline with maybe an exclamation mark thrown in for good measure. Something that can be confirmed to be true with a few key strokes and Google. It could be: "Regional FED Banks Not Staffed by Government Employees." It could be: "FED Meetings Held in Secret." It could be: "Trump and His Associates Bugged by Obama Administration" It could be any of an endless number of Headlines easily verifiable to be correct and true! This is where the political hackers go to work in the Social Media and on You Tube, where anything can be posted without fact filtering. "Carlos Slim, Largest Holder of NYT Public Shares" becomes "Carlos Slim Controls NYT!" ; "Nearly all U.S. Exporters are Small Businesses" becomes "Small Business Regulations Will Kill U.S. Exports!"; "Regional FED Banks Not Staffed by Government Employees." becomes "Regional FED Banks Privately Owned!; "Yellen Questioned on FED Leaks", Becomes "Yellen Suspected as Source of FED Leak."; "Trump and His Associates Bugged by Obama Administration" becomes "Trump Was Right! Obama Ordered Tower Phones Tapped." In each case the first Headline is correct, the second, False. I maintain the best way to protect yourself from this claptrap and maintain your sanity is whenever you hear or see something that doesn't make good sense, question it, and assume it is incorrect until proven otherwise. So how is it that nonsense becomes real in the minds of so many. I don't know of course. But I can theorize that it is because the false information comes so easily from a twisting of the correct. We readily accept the twisted version because it soothes our ingrained biases. In the minds of those who are susceptible to disinformation, there is no fact, no detail that will persuade them. They have made up their minds. These are the readily manipulated that form the core of Trump voters that will be with him beyond the end. Once he is removed from office, however that should occur, they will continue to insist that just as the "deep state" brought down the Twin Towers, it was the working of the "deep state" that did him in. The other Trump voters will have long since seen the light, realized they made a mistake, and moved on. Education is probably the best weapon we have against disinformation. That's why, in my opinion, improving education and educational opportunity should be our number one priority as a nation. It is the key to resolving, in the best way possible, all the other issues facing us, including healthcare. We'll just have to accept that it is going to take a long time to fix things. We better get started.
this is exactly disinformation your side spews and got trump elected... 1. I have proven to you the Federal Reserve system is owned by the Regional Federal Reserve banks. And that the Regional Federal Reserve banks are held by private shareholders not the U.S. govt. And you still pretend the Federal Reserve system is not privately owned. Even though you have no facts to show the Federal Govt owns a single share of stock in the Fed system. The fed website even tells yo the only control Congress has over them is to pull the charter. You are an inveterate pusher of disinformation. 2. We now have declarations from from nunes (and schiff by his silence) that Trump and or his staff were spied upon and unmasked... and Susan Rice admitting she was collecting this info and you still write that bullshit? Why? Why do you write misrepresentations to protect the establishment so often? The final proof is that you call yourself a libertarian over and over as you support bigger govt... no libertarian would yet you support the IRS going after conservatives... yet you did.
Because I carelessly wrote that Carlos Slim "owned" the NYT rather than controlled it, no conservative media is to be believed. Only expose yourself to the approved establishment media. They are the ones you can trust. And stop bringing up the Washpost article saying the Russians had hacked the power grid.
best explanation yet. world wide dragnet re authorized once per year.. “It is unconstitutional, when they go in and search the database–essentially they are doing a virtual wiretap–as soon as you ID a U.S. citizen,” he said. --- Kentucky Republican Rep. Thomas Massie told Breitbart News at a sit-down interview in the congressman’s office he believes the reports of former national security adviser Susan Rice unmasking names of associates of President Donald Trump, collected incidentally and cloaked as a constitutional protection against warrantless surveillance. “You know? I think there is even more to this story than is being revealed right now,” said Massie, who is the only Republican to have voted against Speaker Paul Ryan (R-WI) at the beginning of this session of Congress. “For over three years, I have been offering legislation to fix this problem.” Massie said he agrees with Sen. Rand Paul (R-KY), who told reporters Monday that Rice needs to be brought before Congress and asked questions under oath. “Oh, I think we should, but if we express all this righteous indignation about these programs? We are obligated to fix these programs,” he said. The Foreign Intelligence Surveillance Act, specifically Section 702, authorizes the federal government to access the communications grids of private Internet and telephone service providers. Instead of an individual warrant for each individual or conversation, the federal government receives annual permission from a FISA judge based on a request signed by both the attorney general and the director of national intelligence. American citizens cannot be monitored or searched by this process because, unlike foreigners or foreign intelligence agencies, they are protected by the 4th Amendment, Massie said. When Americans are accidentally caught in the FISA dragnet, their identity is masked as a legal device to protect their 4th Amendment rights, he said. Massie said he suspects that Rice went into the government database and searched for the names of Americans caught in the drag net, which were accessible through the database. This is a common practice inside the executive branch and law enforcement agencies with access to the database, he said. “It is unconstitutional, when they go in and search the database–essentially they are doing a virtual wiretap–as soon as you ID a U.S. citizen,” he said. Repeatedly, Massie tried to make amendments to funding bills that would have required a warrant for each search for Americans, but those amendments have been ruled out of order, because there is a House GOP rule against attaching policy riders to funding bills, he said. Now that Rice is the one reported to have abused the surveillance programs, Republican defenders of programs have switched sides, he said. “I have had Republicans, who are now in the news explaining how this program has been abused, I have had them tell me that there was no way this program could be abused, and it can’t be abused, and I am off my rocker for saying these things,” the congressman said. http://www.breitbart.com/big-govern...s-even-more-than-is-being-revealed-right-now/