Guam Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness

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This form is a model for an explanatory instruction regarding the prior statement or testimony of a witness. The instruction explains that prior tesitmony is not normally allowed for the truth or falsity thereof, but instead as a means of helping to determine the truth or falsity of current testimony.

Guam Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness: In Guam, the jury instruction on the explanatory instruction of prior statements or testimony of a witness is a crucial component of the criminal justice system. This instruction aims to guide the jury on how they should consider the value and weight of a witness's prior statements or testimony when reaching a verdict in a trial. The explanatory instruction allows the jury to understand the significance of a witness's previous statements or testimony and assists them in determining the credibility and reliability of such evidence. The jury instruction serves to address situations where a witness may have given conflicting or inconsistent statements in different settings or at different times. Several types of Guam Jury Instructions fall under the category of Explanatory Instruction — Prior Statement or Testimony of a Witness. Some of these instructions include: 1. Prior Inconsistent Statement Instruction: This instruction advises the jury that if they find a witness previously made statements that are inconsistent with their current testimony, they may consider the inconsistency when evaluating the witness's credibility. The jury must assess whether the prior statements were more reliable or truthful than the current testimony. 2. Prior Consistent Statement Instruction: This instruction informs the jury that if a witness previously made statements consistent with their current testimony, they may consider those statements when determining the credibility and truthfulness of the witness's testimony. The jury can assess whether the consistency of the statements indicates reliability and lends support to the witness's credibility. 3. Prior Identical Statement Instruction: This instruction guides the jury when a witness provides testimony identical or nearly identical to a prior statement. The jury should be instructed that if they find the witness's prior statement was reliable, it may indicate the truthfulness of their current testimony. Conversely, if the prior statement was untruthful or unreliable, it could cast doubt on the credibility of the present testimony. 4. Use of Prior Statement for Impeachment Instruction: This instruction explains to the jury that if they determine a witness made a prior statement contradictory to their current testimony, they may use such statement to impeach the witness's credibility, but not as substantive evidence of guilt or innocence. The jury should be careful not to rely on the contradictory statement as direct evidence unless they find it sufficiently believable on its own. These instructions aim to provide clarity to the jury regarding how they should evaluate prior statements or testimony of a witness in Guam's criminal trials. The jury's understanding and accurate application of these instructions have a significant impact on the final verdict, ensuring a fair and just trial process.

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FAQ

The Guam Superior Court is a trial court that has original jurisdiction over matters of Commonwealth law. The court consists of a presiding judge and at least four associate justices. The current presiding judge is Roberto C. Naraja.

If you have moved abroad and no longer live in that judicial district, you are not eligible to serve as a juror. In this case, you can be exempt from jury duty. If you are traveling abroad temporarily, you can ask to postpone your service and change the date.

If we do not hear from you, an order will be issued requiring you to appear at a hearing and explain before a judge the reason you failed to appear. The ultimate penalty could be a $1000 fine, three days in jail, community service, or a combination of all three.

If you are summoned for jury service and need to request a temporary excuse, all requests must be in writing and include supporting documentation, when applicable. You must submit your request before your report date, except in emergency situations.

When writing your or your employee's jury duty excuse letter, you must include basic information like the juror number, date, and your mailing address. You also need to include the clerk's information. Include detailed information about why you or your employee needs to be excused from serving jury duty.

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.

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.

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the reasonableness of the witness's testimony in light of all the evidence; and ... A deposition is the sworn testimony of a witness taken before trial. The ... When the parties stipulate to what a witness would testify to if called, it is error to instruct the jury that it must consider the stipulated testimony as true ...A deposition is the sworn testimony of a witness taken before trial. The ... The instruction should be considered before the evidence is admitted and again in the. Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury. In a civil action or proceeding, the court shall instruct the jury to accept ... The jury instruction describes the evidence given by the witness in the prior proceeding and clarifies any discrepancies between that evidence and the testimony ... Feb 27, 2012 — Any explanatory or definitional instructions the jury needed to evaluate the ... the record and out of the jury's hearing before the instructions ... ... the evidence to its proper scope and instruct the jury accordingly. Rule 106 ... --In examining a witness concerning a prior statement made by the witness ... ... the unanimity instruction to fill in the gaps in his or her knowledge. ... The first inquiry is whether the jury instructions are clearly and obviously defective ... (h) If the trial be before the court with a jury, the court shall then instruct the jury.NOTE: Section 90.13 is based on former § 1093 and § 1093 of the ... Dec 1, 2018 — Section 3771 authorized the Court to prescribe rules for all criminal proceed- ings prior to and including verdict, or finding of guilty or not.

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Guam Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness