Kentucky Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form is a set of guidelines provided to the jury panel in a criminal trial before the opening statements are presented. These instructions aim to inform the jury about their duties, the basic legal principles, and the process they will follow throughout the trial. Kentucky's Long Form Preliminary Instructions consist of several sections that address different aspects of the trial. Some key elements covered include: 1. Role of the Jury: These instructions emphasize that jurors have a crucial role in upholding justice by attentively listening to the evidence, considering witness credibility, and applying the law as instructed by the judge. 2. Presumption of Innocence: The instructions highlight that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. It instructs jurors to only consider evidence presented in court during their deliberations. 3. Burden of Proof: Jurors are informed that the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt. They are advised that the defense has no obligation to present any evidence or call witnesses. 4. Credibility Assessment: The instructions instruct jurors to assess witness credibility by considering factors such as their demeanor, consistency, bias, and any motive to lie. 5. Witnesses: The long form instructions explain the significance of witnesses and their role in presenting evidence. Jurors are instructed not to form opinions based on a witness's profession, race, gender, or any irrelevant characteristic. 6. Expert Witnesses: The instructions clarify the process of evaluating expert witness testimony. Jurors are advised to scrutinize the expert's qualifications, methodology, and the basis of their opinions. 7. Jury Notebooks: These instructions allow jurors to take notes during the trial, as long as these notes are not considered as conclusive evidence but merely as an aid to their memory. 8. Legal Definitions: The long form instructions also define legal terms such as "reasonable doubt," "direct evidence," "circumstantial evidence," and "preponderance of the evidence" to further guide the jury's understanding of the legal concepts involved. It is important to note that the specific content and organization of the long form preliminary instructions may vary based on the specific jurisdiction, judge's discretion, and the nature of the case being presented. However, the above-mentioned key elements are typically included in these instructions to ensure the jury is well-informed and understands their role in a fair trial.
Kentucky Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form
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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.
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.
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.
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.
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.
Therefore, jurors are requested to dress in a manner that is respectful to the litigants and the court. You may wear comfortable but appropriate business-like clothing. Shorts, jeans, t-shirts, tank tops and sweatshirts should not be worn.
The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.
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.