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Flight does not create a presumption of guilt. Admission is based on the theory that the defendant's consciousness of guilt motivated his flight and that.Flight after subsequent offense. A defendant's attempt to flee from the police during a high-speed chase and his continued flight on foot after crashing his car allowed for a. The presence of flight may tend to establish a consciousness of guilt but this is not sufficient in itself to establish guilt. Crime precludes a court from instructing a jury on consciousness of guilt on the basis of flight, the evidence in the present case that the. Common examples of "consciousness of guilt" evidence include: "lies, flight". 38. Evidence of flight from which to infer a defendant's consciousness of guilt has been admissible evidence since the English common law. The state's Supreme Court has weighed in on this concept, explaining that evidence of flight "would be relevant to the question of the defendant's guilt. Common examples of "consciousness of guilt" evidence include: "lies, flight". 38.