Louisiana Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a legal instruction given to jurors in Louisiana during a trial. This instruction provides guidance on how jurors should consider and evaluate the prior statements or testimony of a witness in the case. In Louisiana, there are generally two types of explanatory instructions related to the prior statement or testimony of a witness: cautionary instructions and impeachment instructions. 1. Cautionary Instructions: Cautionary instructions inform jurors about the purpose and limitations of considering a witness's prior statement or testimony. These instructions are intended to guide jurors on how to evaluate the credibility and weight of such evidence. 2. Impeachment Instructions: Impeachment instructions, on the other hand, focus more specifically on the use of prior statements or testimony to challenge the credibility of a witness. These instructions instruct jurors on how to assess the reliability and truthfulness of the witness's prior statements or testimony and their potential impact on the overall credibility of the witness. When given the explanatory instruction concerning prior statements or testimony of a witness, jurors are instructed to take into account certain factors while considering the statement or testimony. Some crucial elements may include the following: 1. Witness's Opportunity to Observe: Jurors will be guided to evaluate whether the witness had a sufficient opportunity to observe the events or individuals involved in the case. This includes factors such as distance, lighting conditions, time duration, and any potential obstructions that may have affected the witness's ability to accurately perceive and recall information. 2. Consistency and Inconsistencies: Jurors are directed to consider whether the witness's prior statements or testimony are consistent with their current testimony. Any inconsistencies between the two should be closely examined, as they may influence the witness's credibility and the weight given to their words. 3. Motivation or Bias: Instructions will remind jurors to assess whether the witness might have any motives or biases that could affect their truthfulness or reliability. They may be instructed to consider any potential personal interests, relationships, or other factors that could influence the witness's statements or testimony. 4. Corroboration: Jurors may also be advised to examine whether there is any corroborating evidence or witnesses that support or contradict the witness's prior statement or testimony. Corroboration can play a vital role in assessing the accuracy and trustworthiness of a witness. It is important to note that the specific content and language of the explanatory instruction on prior statements or testimony of a witness may vary depending on the particular case, the judge presiding over the trial, and the circumstances of the evidence. It is the duty of the judge to provide clear and comprehensive instructions to the jurors to ensure a fair and informed decision-making process.
Louisiana Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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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.
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.
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.
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.
A credible witness is a witness who comes across as competent and worthy of belief. Their testimony is assumed to be more than likely true due to their experience, knowledge, training, and sense of honesty. The judge and jurors will use these factors to determine whether they believe the witness is credible.
The judge or jury must determine in every case with respect to every witness whether the witness is credible in his or her testimony. This determination also applies to the victim in a stalking or harassment case.
The Witness Credibility Model is an empirically-developed framework that conceptualizes witness credibility as a composite of four elements: witness likeability, knowledge, confidence, and trustworthiness (Brodsky, Griffin, Cramer, 2010 & Brodsky, 2015) .
You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.