New York Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a legal term used in court proceedings to guide the jury in evaluating the credibility and weight of a witness's prior statement or testimony. This jury instruction is crucial in determining the truthfulness and reliability of evidence presented in a trial. In New York, there are various types of Explanatory Instructions related to Prior Statements or Testimony of a Witness, including: 1. Impeachment by Prior Inconsistent Statement: This instruction is given when a witness's prior statement contradicts their current testimony. The jury is instructed to consider whether the prior statement was made and whether it affects the witness's credibility. 2. Prior Consistent Statement to Rehabilitate Witness: This instruction is used when a witness's credibility has been attacked, and their prior consistent statement is presented to counter the attack. The jury is advised to evaluate the weight of such a statement in assessing the witness's credibility. 3. Prior Identification: This instruction pertains to situations where a witness previously identified a person, object, or event before the trial. It guides the jury on how to consider the reliability and accuracy of the identification during the trial. 4. Prior Inconsistent Statement for Substantive Use: In certain circumstances, a witness's prior inconsistent statement can be admitted as substantive evidence, meaning it can be used as proof of the truth of the matter stated. This instruction explains to the jury how to evaluate such statements in reaching their verdict. Each of these instructions aims to assist the jury in assessing the credibility, biases, and reliability of a witness's prior statements or testimonies. They play a crucial role in ensuring a fair and just trial, allowing the jury to make well-informed decisions based on all the available evidence. Keywords: New York, jury instruction, explanatory instruction, prior statement, testimony, witness, credibility, weight, evidence, legal, court proceedings, impeachment, inconsistent statement, rehabilitate witness, prior identification, substantive use, verdict.
New York Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.
As set forth in the Guide to New York Evidence Rule 4.03, the rule provides as follows: ?When part of a writing, conversation, recorded statement or testimony, or evidence of part of a transaction is admitted, any other part of that writing, conversation, recorded statement or testimony, or evidence of any other part ...
The Witness Credibility Model is an empirically-developed framework that conceptualizes witness credibility as a composite of four elements: witness likeability, knowledge, confidence, and trustworthiness (Brodsky, Griffin, Cramer, 2010 & Brodsky, 2015) .
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.
A credible witness is a witness who comes across as competent and worthy of belief. Their testimony is assumed to be more than likely true due to their experience, knowledge, training, and sense of honesty. The judge and jurors will use these factors to determine whether they believe the witness is credible.
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.
Fourth and finally, this article emphasizes a four-step process to use in the direct examination of witnesses: (1) qualifying the expert; (2) establishing a basis for his or her opinion; (3) eliciting the opinion; and (4) explaining the opinion.
The judge or jury must determine in every case with respect to every witness whether the witness is credible in his or her testimony. This determination also applies to the victim in a stalking or harassment case.