Consciousness of guilt

In the law of evidence, consciousness of guilt is a type of circumstantial evidence that judges, prosecutors, and juries may consider when determining whether a defendant is guilty of a criminal offense. It is often admissible evidence, and judges are required to instruct juries on this form of evidence. Deceptive statements or evasive actions made by a defendant after the commission of a crime or other wrongdoing are seen as evidence of a guilty conscience. These are not the typical behaviors of an innocent person, and a "defendant's actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy indicates guilt".

Consciousness of guilt law and legal definition:

Evidentiary rules allow a prosecutor to introduce testimony that tends to show that the defendant's 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.

Criminal defense attorney Stephen G. Rodriguez describes it thus:

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.

The New York State Unified Court System discusses false alibis (in the context of "consciousness of guilt") as a form of admissible evidence:

Evidence of post-crime conduct that may in the context of a particular case evince a defendant's consciousness of guilt of the offense with which the defendant is charged is admissible. A consciousness of guilt may, for example, be evinced by a false alibi or explanation for one's actions, intimidation of a witness, destruction or concealment of evidence or flight.

Haim Cohn explains the concept: