Hawaii Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form
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Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The opening statement is intended to inform the jury in a jury trial, or the judge in a court trial, about the nature of the case and what you intend to prove. What is said in the opening statement is not considered evidence. It is just the opinion of the party (or lawyer) giving the opening statement.
An Introduction: Attorney identifies themself (or not) A typical introduction: ?Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.? ... A theory of the case. One or two sentences which tell the jury what your case is about. ... Briefly tell the jury why they are there.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
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.
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.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.