Flight as Circumstantial Evidence


Charge: murder. The state offers evidence that, prior to her arrest, D attempted to flee and conceal her identity. This evidence is offered on the theory that it constitutes proof of D's consciousness of guilt. D objects on the ground of irrelevancy and offers to prove that the more plausible inferences to be drawn from her attempted flight were her belief that a warrant for her arrest on an unrelated charge was outstanding, her fear of being arrested for narcotics hidden in her car, and the fact that she had violated her parole.

Disregarding any hearsay problems, which are discussed further in the chapter on hearsay, should the evidence be admitted?


div1.gif (1531 bytes)
Home | Contents | Topical Index | Syllabi | Search | Contact Us | Professors' Pages
Cases | Problems | Rules | Statutes | Articles | Commentary