Hawaii Jury Instruction Note-takingin— - For Inclusion in Final Charge When Note-Taking Permitted: In the state of Hawaii, note-taking during a trial is not always allowed. However, there are certain circumstances where the judge may permit the jurors to take notes. The purpose of note-taking is to assist the jurors in recalling and analyzing the information presented during the trial. When note-taking is permitted, it is essential for the jurors to understand the specific guidelines they must adhere to. This jury instruction aims to provide detailed guidance on note-taking during deliberations and its inclusion in the final charge. 1. Permission and Guidelines for Note-Taking: In cases where note-taking is permitted, the jurors must seek explicit permission from the court before they start taking notes. The judge will provide specific instructions regarding the proper conduct and use of notes. Jurors should be attentive and not let note-taking distract them from the proceedings. They should focus on the information essential for their understanding and avoid over-reliance on their notes. 2. Storing and Safeguarding the Notes: Jurors must be instructed on the appropriate way to handle and store their notes. They should keep their notes secure during recesses and avoid discussing their notes with anyone, including fellow jurors, until the deliberation phase begins. Furthermore, jurors should be informed that their notes will not be considered as evidence, but merely as an aid to their memory. 3. Usage and Importance of Notes during Deliberations: Jurors may refer to their notes during deliberations to refresh their memory. However, they must bear in mind that their decision should be based on the overall evidence presented and not solely on their notes. The accuracy and reliability of their notes will depend on each individual's skills in note-taking, and jurors should exercise caution when relying on others' notes. Naming Different Types of Hawaii Jury Instruction Note-takingin— - For Inclusion in Final Charge When Note-Taking Permitted: 1. Basic Note-Taking Instruction: This type of instruction outlines the general rules and guidelines for note-taking during a trial. It covers permission, proper conduct, and note utilization during deliberations. 2. Advanced Note-Taking Instruction: For cases with complex evidence or lengthier trials, this instruction provides additional guidance on effective note-taking techniques. It may focus on strategies for organizing and categorizing information, distinguishing facts from opinions, and capturing key details. 3. Hybrid Note-Taking Instruction: In cases where the judge allows note-taking for certain parts of the trial but prohibits it during others, this instruction clarifies the specific instances when note-taking is permitted or prohibited. It helps jurors understand when they can rely on their notes during deliberations and when they should rely solely on their memory. 4. Note-Safeguarding Instruction: This type of instruction emphasizes the importance of securely storing notes to prevent unauthorized access or accidental disclosure. It informs jurors about the confidentiality of their notes and instructs them not to share their contents until the deliberation phase. By providing comprehensive instructions on note-taking during a trial in Hawaii, these guidelines enable jurors to effectively recall and evaluate evidence, contributing to a fair and just decision-making process.