Tennessee Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness

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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.

In the state of Tennessee, a critical aspect of the legal proceedings is the jury instruction. Specifically, when it comes to the Explanatory Instruction — Prior Statement or Testimony of a Witness, the jury is provided with guidance regarding the weight they should assign to a witness's prior statement or testimony. This instruction is crucial in helping the jurors reach a fair and unbiased decision. The Tennessee jury instruction on Explanatory Instruction — Prior Statement or Testimony of a Witness serves to caution jurors against placing undue importance on a witness's previous statement or testimony. It informs the jury that such statements should not be considered as evidence on their own merit, but rather as a tool to help evaluate the credibility and reliability of the witness’s current testimony. Furthermore, this instruction emphasizes that the jury should evaluate whether the witness's previous statement or testimony is consistent or inconsistent with their current assertions. Inconsistencies may raise doubts about the witness's credibility and could be a factor for jurors to consider while assessing the overall weight to give to the witness's testimony. Different types of Explanatory Instructions — Prior Statement or Testimony of a Witness may include: 1. Prior Inconsistent Statement: This instruction addresses situations where a witness's previous statement conflicts with their current testimony. Jurors are advised to evaluate the reasons behind the inconsistency and question the credibility of the witness. 2. Prior Consistent Statement: In this scenario, the jury instruction highlights instances where a witness's previous statement aligns with their current testimony. The instruction guides the jury to assess the significance of consistency in the overall reliability of the witness's testimony. 3. Prior Statement to Refresh Memory: Sometimes, a witness may refer to a prior statement to refresh their memory regarding certain details. This instruction guides jurors on how they should consider the weight of the witness's refreshed memory in relation to their overall testimony. It is important to note that these are just a few examples of the Explanatory Instructions — Prior Statement or Testimony of a Witness that could be provided to Tennessee juries. The actual jury instruction given may vary depending on the specific circumstances and nature of the case being tried. Overall, the Explanatory Instructions — Prior Statement or Testimony of a Witness play a crucial role in helping the jury evaluate the reliability, credibility, and weight to assign to a witness's previous statements or testimony within the context of the trial. These instructions ensure that the jurors consider prior statements or testimony appropriately, aiding in the pursuit of a just and fair verdict.

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FAQ

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.

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.

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.

The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.

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.

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.

Judge's Instructions on the Law 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.

For example, a judge might instruct jurors that, as a matter of law, the defendant must have known they were committing a crime to be convicted. The jury must make the factual determination whether the evidence showed that the defendant had that knowledge.

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The court may instruct the jury on the applicable law before or after closing argument. After closing argument the court may repeat all or part of the ... by HPH Marshall · 1982 · Cited by 1 — The government's evidence in this case will consist of the testimony of witnesses as well as docu- ments and exhibits. ... This instruction is for use only when ...The conclusion of each instruction briefly recaps the elements and ends with a recitation of the jury's duty to find the defendant guilty or not guilty. These jury instructions provide judges with standard language which they may use when speaking with members of juries about their duties, the nature of the ... Nov 1, 1993 — The testimony of a witness may be discredited or, as we sometimes say, impeached by showing that he or she previously made statements which are ... It is your duty to follow the law as I will state it and to apply it to the facts as you find them from the evidence in the case. Do not single out one ... by LJ Severance · 1982 · Cited by 340 — A jury verdict may be appealed to a higher court based on a claim of error in instructing the jury if the appealing party submitted an instruction correctly ... These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. This Fifth Edition, and prior editions, of REVISED CRIMINAL JURY INSTRUCTIONS ... Many of the jury instructions are accompanied by Use Notes and Comments. The ... [1] You will soon leave this courtroom and start discussing this case in the jury room. It is time for me to tell you about the law you must follow in ...

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Tennessee Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness