Kentucky Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is an essential element of the trial process in Kentucky. It addresses the use of a witness's prior statement or testimony as evidence during a trial. This instruction assists the jury in understanding the relevance, credibility, and weight that should be given to such statements or testimony. The Kentucky Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness can be divided into three types, depending on the circumstances: 1. Prior Consistent Statement: This instruction is used when a witness is accused of fabricating their testimony or being influenced by external factors. It explains that a witness's prior consistent statement, given before they had any motive to fabricate or were influenced, may be considered as evidence to support their credibility. The jury will be instructed on how to evaluate the significance of this prior consistent statement in relation to the witness's current testimony. 2. Prior Inconsistent Statement: When a witness's prior statement contradicts their current testimony, the jury needs guidance on how to assess the credibility of such statements. The explanatory instruction explains that the jury may choose to consider the inconsistency as evidence to question the witness's credibility. It is essential to evaluate the reasons behind the inconsistency and assess the impact it may have on the overall reliability of the witness's testimony. 3. Impeachment: This portion of the explanatory instruction addresses the scenario where a witness's prior statement or testimony is used purely for the purpose of impeaching their credibility. It highlights that these prior statements should not be considered as substantive evidence to prove the truth of the matter asserted. Instead, the jury should solely use this evidence to question the reliability and credibility of the witness's current testimony. The instruction explains how this impeachment evidence affects the overall weight of the witness's statements and alerts the jury to the limited purpose for which it can be used. In summary, the Kentucky Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness provides guidance to the jury in properly assessing the relevance, credibility, and weight of a witness's prior statement or testimony. By clearly explaining the different types of prior statements and their implications, this instruction ensures a fair and balanced evaluation of the evidence presented during a trial.
Kentucky Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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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 judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
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.
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.
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.
Thus, preliminary instructions should cover the statutory requirements, set forth the basic and important legal principles that a jury needs to know, attempt to explain to jurors things they will see and hear during a trial that might otherwise puzzle them, and try to assure jurors that rulings on objections and the ...