Arizona Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a legal guideline provided to the jury in Arizona criminal trials. This instruction assists jurors in understanding the weight they should assign to the prior statements or testimonies of witnesses in the trial. By providing clarity on the credibility and use of such statements, this instruction aids the jury in reaching a fair and just decision. In Arizona, there are different types of Jury Instruction — Explanatory Instruction — Prior Statement or Testimony of a Witness. These instructions include: 1. Prior Inconsistent Statement: This instruction explains to the jury that if a witness has made prior statements that are inconsistent with their current testimony, the prior statement alone does not prove the truthfulness of the prior statement or the current testimony. The jury should evaluate the credibility of the witness based on all the evidence and circumstances presented. 2. Prior Consistent Statement: This instruction informs the jury that if a witness has made prior consistent statements relating to their current testimony, the prior statement may be considered in evaluating the witness's credibility. The jury should determine the weight to be given to such statements based on the evidence and the credibility of the witness. 3. Prior Identification: This instruction is given when a witness has identified the defendant or any other person prior to the trial. The jury is instructed to consider the circumstances under which the identification was made, the accuracy of the prior identification, and the credibility of the witness before accepting such identification as evidence. 4. Prior Testimony in Court: If a witness has previously testified in the same or a related case, this instruction clarifies that the prior testimony is to be evaluated by the jury in the same manner as any other witness testimony. The jury should consider the credibility of the witness, the relevance of the testimony to the current case, and the consistency or inconsistency of the prior testimony with the current testimony. It is important to note that the judge determines whether these instructions should be given to the jury based on the evidence and arguments presented during the trial. The specific language and content of the instructions may vary depending on the unique circumstances of each case. Ultimately, the purpose of these explanatory instructions is to aid the jury in comprehending the significance of prior statements or testimony and to guide them in their deliberations.
Arizona Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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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.
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.
Prospective jurors otherwise eligible to serve may be excused from jury service only for extreme hardship, or if they are at least 75 years of age. All requests must be submitted to the Jury Commissioner's Office in writing prior to the prospective juror's service date.
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.
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.
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.
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 issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.