Washington Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a legal instruction given to the jury in Washington state during a trial. It pertains to the admissibility and weight of prior statements or testimony made by a witness. When a witness takes the stand, they are generally expected to provide their testimony based on their personal recollection of events. However, in certain circumstances, prior statements or testimony made by the witness may become relevant to the case. In such situations, this jury instruction provides guidance to the jury on how to consider such prior statements or testimony and their credibility. There are different types of Washington Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness, which include: 1. Prior inconsistent statement: This instruction explains that if a witness's prior statement contradicts or differs from their current testimony, the jury may consider the inconsistencies in evaluating the witness's credibility. The jury must assess the circumstances and determine the weight they want to assign to the prior inconsistent statement. 2. Prior consistent statement: In this scenario, if a witness has previously made a statement consistent with their current testimony, this instruction helps the jury to consider the prior consistent statement as evidence, potentially supporting the credibility and reliability of the witness. The jury is instructed to determine the weight they want to attribute to this statement, based on the witness's overall credibility. 3. Prior inconsistent conduct or testimony: In some instances, a witness's prior conduct or testimony may be inconsistent with their current testimony. This instruction guides the jury on how to evaluate such inconsistencies and consider the weight and credibility of the witness's prior inconsistent conduct or testimony. 4. Prior consistent conduct or testimony: This instruction clarifies that if a witness engaged in consistent conduct or made consistent statements in the past, the jury may consider such evidence to assess the credibility and reliability of the witness's current testimony. The jury is instructed to evaluate the weight to be given to the prior consistent conduct or testimony. In all instances, the jury is cautioned to carefully consider the circumstances under which the prior statements or testimony were made and the credibility of the witness providing them. Jurors are reminded that they are the sole arbiters of credibility and should assess the evidence presented in light of the entire case. By adhering to this instruction, the jury can make a fair and informed decision regarding the weight to be attributed to prior statements or testimony of a witness.
Washington Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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If the judge and jury find a witness statement credible, they can charge or convict you of a crime based solely on witness testimony alone. The statement must be made under oath for eyewitness testimony to be used to charge someone with a crime.
If the document is not in evidence, the witness cannot read out loud from it under any circumstances. The witness can look at it to refresh her memory, for instance, or look at it and read it silently if asked to identify a document, but until the document is in evidence, the witness cannot read out loud from it.
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. 1.7 Credibility of Witnesses | Model Jury Instructions - Ninth Circuit uscourts.gov ? jury-instructions ? node uscourts.gov ? jury-instructions ? node
The statement may consist merely of coun- sel's or a legal assistant's interview notes. Counsel can write the statement during the interview, have the witness review it, and have the witness sign and date it. The witness may be interviewed orally, and the interview can be audiotaped or videotaped. Witness Statements in Investigation, Deposition and Trial whitfieldlaw.com ? assets ? htmldocuments whitfieldlaw.com ? assets ? htmldocuments
If the entire contents of any such statement relate to the subject matter of the testimony of the wit- ness, the court shall order it to be delivered directly to the defendant for his examination and use. Defendant Access to Prosecution Witness Statements in Federal and ... wustl.edu ? cgi ? viewcontent wustl.edu ? cgi ? viewcontent
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. About the Trial Process - Jury Service - California Courts ca.gov ? ... ca.gov ? ...
The police will ask you to explain what you saw, either in writing or on video - this is your witness statement. They'll ask you to sign it to say it's true. People involved with the case - for example lawyers or the judge, will read or watch your witness statement.
Testimony is a kind of evidence, and it is often the only evidence that a judge has when deciding a case. When you are under oath in court and you are testifying to the judge, what you say is considered to be truthful unless it is somehow challenged (?rebutted?) by the other party.