Arkansas Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness In Arkansas, when presenting a case before a jury, one important aspect is the Arkansas Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness. This instruction helps guide the jurors in understanding the relevance and weight of a witness's prior statement or testimony. The purpose of this instruction is to provide guidance to the jury when a witness's prior statement or testimony is being presented as evidence during the trial. It aims to ensure that the jury fully comprehends the significance of the witness's previous statements and how they should be considered when making their decision. The Arkansas Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness advises the jury that they must consider the prior statement or testimony of a witness along with their current testimony. The instruction emphasizes that the jury must assess the credibility and reliability of both the witness's prior statements and their current testimony when determining their weight in the case. This instruction helps jurors understand that a witness's prior statements or testimony can be used to either support or challenge their credibility. It encourages the jury to evaluate whether the witness's current testimony is consistent or contradictory with their prior statement, helping them assess the overall credibility and reliability of the witness's account. Different types of Arkansas Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness may include variations to address specific circumstances. For instance: 1. Witness's Prior Inconsistent Statement: This instruction is given when a witness provides testimony that contradicts their previous statement. It guides the jury on how to evaluate the conflicting statements and consider factors such as the timing, context, and motivation for the inconsistencies. 2. Witness's Prior Consistent Statement: This instruction is used when a witness's prior consistent statement aligns with their current testimony. It instructs the jury on how to assess the strength and reliability of the witness's testimony, considering their consistent account across multiple instances. 3. Witness's Prior Statement as Independent Evidence: In certain cases, a witness's prior statement may be presented as substantive evidence for proving the truth of the matter asserted. This instruction clarifies to the jury that they can consider the prior statement as substantive evidence, rather than solely for impeachment purposes. In summary, the Arkansas Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness plays a vital role in guiding the jury in evaluating the credibility and weight of a witness's prior statements or testimony. It assists in ensuring a fair and impartial assessment of the evidence presented during a trial, creating a framework for the jurors to make an informed decision.
Arkansas Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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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.
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.
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.
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.
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.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.