In Criminal Cases, When There Is Evidence Offered by the Prosecution

In criminal cases, when there is evidence offered by the prosecution that a defendant has taken steps to flee the crime scene, the area, or state, prosecutors often ask that a judge give a jury instruction covering the concept of flight. In determining whether a "flight instruction" is proper, the court must be careful not to reverse the burden of proof or create other errors. Such instruction:

A) has been held to be unconstitutional because the instruction creates a presumption of guilt on the accused.
B) is proper when there is evidence of flight or concealment and the evidence reasonably supports an inference that the defendant fled because of a consciousness of guilt and a desire to avoid accusation based thereon.
C) is not justified in a criminal case because this places the burden of proof on the defendant to show he or she is not guilty.
D) is justified only if evidence has been introduced to show the defendant has left the state in which the crime occurred in an effort to avoid prosecution.