Hawaii Jury Instruction - Note-Taking - Not Permitted

• Category: Federal - Jury Instructions - Trial Instructions
• State: Multi-State
• Control #: US-11CRT-2-2
• Format: Word; Rich Text

Description

This is a model text for an instruction to jurors regarding the taking of notes. It explains that notes should not be taken, due to the desire that the collective memory of the jury be used during deliberations, and that all exhibits and recorded testimony will be made available to the jury at the time of deliberations. An annotation states that juror's note taking or not is within the discretion of the court.

Hawaii Jury Instruction Note-takingin— - Not Permitted: Hawaii jury instructions play a crucial role in guiding jurors during legal proceedings. One important jury instruction in Hawaii is the Note-Taking — Not Permitted instruction. This instruction explicitly prohibits jurors from taking notes during the trial. Note-taking during a trial can have both advantages and disadvantages. It can help jurors remember key details and arguments presented by attorneys, but it can also distract them from fully engaging in the proceedings. Hawaii jury instructions generally prioritize the jurors' ability to actively listen, focus, and consider the evidence and testimonies presented. By prohibiting note-taking, the court ensures that jurors pay full attention to the trial and rely solely on their memory to deliberate on the case. The prohibition on note-taking in Hawaii also aims to maintain a level playing field among jurors. If some jurors are allowed to take notes while others may not, it could potentially create an imbalance in the jury's decision-making process. Different types of Hawaii Jury Instruction Note-takingin— - Not Permitted: 1. Standard Note-Taking — Not Permitted Instruction: This is the most common type of jury instruction regarding note-taking. It advises jurors that note-taking is not allowed throughout the trial. 2. Note-Taking for Specific Witnesses — Not Permitted Instruction: In some cases, the court may specifically prohibit jurors from taking notes when a particular witness takes the stand. This instruction is implemented to prevent potential bias or undue influence that note-taking might have on jurors' perception of that witness's credibility. 3. Limited Note-Taking — Not Permitted Instruction: The court might introduce this instruction in exceptional circumstances where jurors are allowed to take specific and limited notes but prohibit them from using these notes during deliberation. It provides jurors the benefit of jotting down essential points during complex or lengthy testimonies but emphasizes relying on memory during deliberations. 4. Personal Note-Taking — Not Permitted Instruction: This instruction explicitly prohibits jurors from taking any personal notes related to the trial. It ensures that jurors entirely rely on the evidence presented in court and do not introduce any external factor into their deliberations. Note-taking plays a vital role in enhancing jurors' retention and comprehension of information during a trial. However, the Hawaii court system believes that not allowing note-taking maintains fairness, promotes active listening, and fosters impartial deliberation among jurors. It ensures that all jurors have an equal opportunity to recall and evaluate the evidence presented, ultimately leading to a just and unbiased verdict.