Colorado Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is an important legal instruction provided to the jury to help them evaluate the credibility and weight of prior statements or testimony given by a witness during a trial. This instruction assists the jury in determining how much weight to give to these prior statements in light of their current testimony. When a witness provides contradictory statements during a trial, it becomes necessary to assess the reliability and credibility of their testimony. The Explanatory Instruction — Prior Statement or Testimony of a Witness guides the jury in considering the following factors: 1. Inconsistent Statements: If the witness made statements before the trial or during a prior deposition that differ from their current testimony, the instruction helps the jury evaluate the differences. The jury is advised to assess the reasons behind these inconsistencies and whether they affect the witness's credibility. 2. Prior Testimony: Witnesses may have previously given testimony in other proceedings, such as a different trial, hearing, or deposition. The instruction encourages the jury to assess the value of this prior testimony and determine whether it supports or contradicts their current statements. 3. Impeachment: If the witness's prior statement or testimony is introduced to undermine their credibility, the jury is instructed to assess these inconsistencies when deciding the weight to be given to the witness's current testimony. 4. Motive to Fabricate: In certain cases, a witness may have a motive to fabricate or alter their testimony. The instruction reminds the jury to consider whether any inconsistencies in prior statements are a result of such motives. It is important to note that there are different types of Explanatory Instructions — Prior Statement or Testimony of a Witness that can be given, depending on the circumstances of the case. Some examples of specific instructions include: 1. Prior Inconsistent Statements: This instruction focuses on situations where the witness has previously made statements that directly conflict with their current testimony. The jury is instructed to evaluate the significance and credibility of these inconsistencies. 2. Prior Consistent Statements: When a witness's prior statements or testimony support their current testimony, this instruction helps the jury consider the weight to be given to these consistent statements, especially if there is an allegation of recent fabrication. 3. Prior Identification Testimony: This instruction is provided when a witness has identified a person before trial, and the witness's current identification is in dispute. The jury is advised to assess the reliability of the prior identification and its impact on the witness's credibility. In summary, the Colorado Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness assists the jury in evaluating the credibility and weight of a witness's prior statements or testimony. It considers factors such as inconsistencies, prior testimony, motivation to fabricate, and the impact of prior statements on the witness's current testimony. Depending on the circumstances, different instructions may be given, addressing specific situations and types of prior statements.
Colorado Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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Hear this out loud PausePATTERN 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.
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.
Hear this out loud PauseEither 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 issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
Hear this out loud PauseJury 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.
Hear this out loud PauseYou 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 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.
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.