New Jersey Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness

State:
Multi-State
Control #:
US-11CRT-4
Format:
Word; 
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Description

This form is a model for an explanatory instruction regarding the prior statement or testimony of a witness. The instruction explains that prior tesitmony is not normally allowed for the truth or falsity thereof, but instead as a means of helping to determine the truth or falsity of current testimony.

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FAQ

The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.

The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.

Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.

PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.

Give the answer in your own words, and if a question can't be truthfully answered with "yes" or "no," you have the right to explain your answer. Answer only the question asked you. Do not volunteer information. If your answer was not correctly stated, correct or clarify it immediately.

Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.

Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.

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New Jersey Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness