Louisiana Jury Instruction - Confession - Statement - Multiple Defendants
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How to fill out Jury Instruction - Confession - Statement - Multiple Defendants?
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FAQ
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 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.
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.
The Sixth Amendment's confrontation clause guarantees defendants in criminal cases the right to be ?confronted with the witnesses against? them. In trials with multiple defendants, this complicates the introduction of a confession by a non-testifying defendant that incriminates a co-defendant.
There's cases called Aranda-Bruton Rule. These cases stand for the proposition that yes, at a preliminary hearing a co-defendant's statement can come in against another co-defendant and against them as an admission even if the defense attorney doesn't have an opportunity to cross-examine that co-defendant.
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.
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.
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.