Utah Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction is a legal instruction provided to jurors during trials in the state of Utah. This instruction encompasses a key aspect of witness credibility and assists jurors in evaluating the reliability of witness testimony based on inconsistent statements and prior felony convictions. In a courtroom setting, witness testimonies play a crucial role in establishing facts and determining the truth. However, it is essential to recognize that witnesses may sometimes provide inconsistent statements or have a previous felony conviction that can impact their credibility. Therefore, the Utah Jury Instruction — 4.2 equips jurors with the knowledge necessary to properly assess the weight to give such testimony. Impeachment based on inconsistent statements occurs when a witness's current testimony contradicts their prior statements made under oath or during interviews, depositions, or hearings. Jurors are instructed to carefully examine the inconsistency and determine the witness's credibility based on factors such as the materiality of the inconsistency, the witness's explanation for the inconsistency, and the overall reliability of their testimony. Furthermore, this instruction also addresses the impact of a witness's felony conviction on their credibility. Jurors are advised that the fact a witness has been convicted of a felony offense does not mean that they are automatically deemed incredible. Instead, jurors must assess the nature and seriousness of the offense, the witness's demeanor and character, and whether the conviction involved dishonesty or false statement. By considering these factors, jurors can determine the weight to give the witness's testimony. Different variants or subtypes of Utah Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction may exist, depending on specific case scenarios or legal requirements. These may include: 1. Inconsistent Statement: This variant solely focuses on witnesses providing inconsistent statements during the trial or throughout the legal proceedings. Jurors are instructed on evaluating the reasons behind the inconsistencies and the impact on credibility. 2. Felony Conviction: This specific variant concentrates on felony convictions as the primary factor in assessing a witness's credibility. Jurors are guided to evaluate the nature of the offense, the relevance to the case at hand, and whether it suggests a lack of truthfulness or trustworthiness. 3. Combination Instruction: In some instances, both inconsistent statements and felony convictions may be present, requiring a comprehensive instruction that addresses the influence of both factors on witness credibility. This combined instruction guides jurors in weighing the significance of any inconsistency in statements alongside the seriousness of the felony conviction. Overall, Utah Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction empowers jurors to objectively assess witness credibility when confronted with inconsistent statements or the existence of prior felony convictions. By considering the details and specific context surrounding these issues, jurors can make informed decisions about the weight to give to witness testimony and arrive at a fair verdict.
Utah Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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Criminal cases The jurors meet in a room outside the courtroom to decide whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty. All the jurors must agree on the decision or verdict ? their decision must be unanimous.
But a few states will allow a defendant to waive this right, just as the defendant can waive other Constitutional rights, such as the Fifth Amendment right not to be compelled to testify. The majority of states, however, do not allow a defendant to agree to a less-than-unanimous verdict.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
Nevertheless, most courts, seemingly unaware of the presence of divergent policy considerations, apply a single rule to all types of inconsistent verdicts. ' Thus, federal courts and some state courts uphold inconsistent verdicts in every case.
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
After a Hung Jury, the just will declare a mistrial and a new trial will be set. The prosecution has several options in this situation: Retrial: The prosecution may decide to retry the case. This is often the most common outcome after a hung jury.