3.19 Foreign Language Testimony

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Multi-State
Control #:
US-JURY-9THCIR-3-19-CR
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Rich Text
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Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

3.19 Foreign Language Testimony is a type of evidence that is presented in court in a language other than the language of the court. This type of testimony is used to give evidence in a court of law when a witness or a defendant does not have a good command of the language used in the court proceedings. It is also used when a witness or defendant is more comfortable speaking in their native language. There are two types of 3.19 Foreign Language Testimony: simultaneous interpretation and consecutive interpretation. Simultaneous interpretation is when the interpreter speaks at the same time as the witness or defendant. Consecutive interpretation is when the interpreter speaks after the witness or defendant has finished speaking. Both types of 3.19 Foreign Language Testimony are used to ensure that all parties involved in the court proceedings understand the testimony being given.

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FAQ

Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation.

Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.

There are thirteen courts of appeals: eleven numbered circuits (First through Eleventh), the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Federal Circuit. Not all circuits have published jury instructions: the Second and Fourth Circuits do not.

Before you can return a verdict of guilty, the evidence must satisfy you beyond a reasonable doubt that the defendant is guilty. If you can reconcile the evidence upon any reasonable hypothesis consistent with the defendant's innocence,2 you should do so and return a verdict of not guilty.

Reasonable doubt is defined in the California Jury Instructions (CALCRIM) and the Penal Code. The trial judge will inform the jury that: The fact that a criminal charge has been filed against the defendant is not evidence that the charge is true.

An example of this would be a trial for manslaughter in which the prosecution was only able to convince the jury panel that you had a 75% chance of committing the crime. Because the jury is 25% uncertain, the prosecution was not successful in proving beyond a reasonable doubt that you are guilty.

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3.19 Foreign Language Testimony