CALJIC 2201 - Interpretation

In People v. Harlan (1990) 222 Cal.App.3d 439, the court concluded that CALJIC No. 2.20.1 "does not instruct the jury that it may not consider a child's age and cognitive ability in deciding his/her credibility as a witness." (Id. at p. 455.) Nor, the court held, does the instruction usurp the province of the jury to determine credibility, but instead "simply requires jurors not to find child witnesses unreliable solely because of their age." (Id. at p. 456.)