Maryland Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness: In Maryland, during a trial, the court may provide the jury with certain instructions to aid in their understanding of the legal proceedings. One such instruction is the Explanatory Instruction — Prior Statement or Testimony of a Witness. This instruction guides the jury on how they should consider the statements or testimony made by a witness prior to the trial. When a witness presents conflicting or inconsistent statements during the trial, the Explanatory Instruction — Prior Statement or Testimony of a Witness becomes relevant. This instruction allows the jury to evaluate the credibility and reliability of a witness by considering their prior statements or testimony. It is important to note that there are various types of prior statements or testimony that the jury may encounter during a trial. Some of these include: 1. Prior Inconsistent Statement: This refers to a statement made by the witness outside the courtroom, such as during a deposition, that contradicts their current testimony. The jury instruction informs the jurors that they can use this inconsistency to question the credibility of the witness. 2. Prior Consistent Statement: This involves a statement made by a witness before the trial that aligns with their current testimony. The Explanatory Instruction — Prior Statement or Testimony of a Witness advises the jury that a prior consistent statement may be used to support the witness's credibility. 3. Prior Identification: This type of prior statement pertains to an earlier identification of a person or object made by the witness. The jury instruction provides guidance on how the jury can consider this prior identification as a factor in assessing the witness's reliability. 4. Prior Testimony: In cases where a witness has previously testified in another trial or hearing, the Explanatory Instruction — Prior Statement or Testimony of a Witness guides the jury on how to evaluate this earlier testimony, including the witness's demeanor, consistency, and reliability throughout both instances. The purpose of the Explanatory Instruction — Prior Statement or Testimony of a Witness is to help the jury understand the significance of a witness's earlier statements or testimony. By considering these prior statements, the jury can assess the witness's credibility, ensure consistency, and make informed decisions regarding the case. In summary, the Maryland Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness serves as a crucial guideline for the jury when evaluating the credibility and reliability of a witness's previous statements or testimonies. It addresses various types of prior statements, such as inconsistent and consistent statements, prior identifications, and prior testimonies. Understanding and correctly applying this instruction is essential for an accurate and just trial verdict in the state of Maryland.
Maryland Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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FAQ
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.
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.
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.
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.
Rule 2-520 - Instructions to the Jury (a) When Given. The court shall give instructions to the jury at the conclusion of all the evidence and before closing arguments and may supplement them at a later time when appropriate. In its discretion, the court may also give opening and interim instructions.
The court may, and on request of any party shall, provide paper notepads for use by sworn jurors, including any alternates, during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the notes after the trial.
Clearly, the substance of the testimony, the amount of detail and the accuracy of recall of past events affect the credibility determination. Whether the witness contradicts him or herself or is contradicted by the testimony of other witnesses can play a part in the credibility determination.
Rule 2-522 - Court Decision-Jury Verdict (a) Court Decision. In a contested court trial, the judge, before or at the time judgment is entered, shall prepare and file or dictate into the record a brief statement of the reasons for the decision and the basis of determining any damages.
A. Rule 2-512 Explicitly Authorizes Attorney Conducted Voir Dire. Md. Rule 2-512(d)(1) states that ?[t]he trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties.? Id.
Maryland Rule 4-325(c) states as follows: The court may, and at the request of any party shall, instruct the jury as to the applicable law and the extent to which the instructions are binding[.] The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.