North Carolina Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness In North Carolina, the jury instruction pertaining to the prior statement or testimony of a witness provides important guidance for jurors when evaluating the credibility and weight to be given to such testimony. This instruction aids the jury in understanding the significance and potential limitations of a witness's prior statement or testimony during the trial. One type of North Carolina Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is "Witness's Prior Inconsistent Statement." This instruction is used when a witness's prior statement conflicts with their current testimony, raising doubts about their credibility. Jurors are advised to consider the reasons behind any inconsistencies, the witness's demeanor and character, the plausibility of both the prior statement and the current testimony, and any other evidence supporting or undermining the credibility of the witness. Another type is "Witness's Prior Consistent Statement." This instruction helps jurors understand the value of a witness's consistent statement made before the trial or hearing. When a witness's prior consistent statement aligns with their current testimony, it can strengthen their credibility. Jurors are instructed to assess the reliability of the prior consistent statement, considering factors such as the timing, circumstances, and motivations surrounding its disclosure. Additionally, "Witness's Prior Testimony" is another relevant type of North Carolina Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness. This instruction aims to guide jurors when considering a witness's prior testimony from a previous proceeding, such as a deposition or a trial. The jury is advised to evaluate the weight to be given to this testimony, considering any differences between the prior testimony and the current testimony, the witness's reasoning for the change, and any inconsistencies that may affect credibility. When faced with the North Carolina Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness, jurors must carefully analyze the evidence, assess the credibility of the witnesses, and determine the weight to be assigned to prior statements or testimonies. These instructions assist the jury in understanding the evidentiary value of prior statements, inconsistencies, and consistencies, allowing for a fair and thorough evaluation of the witness's credibility and the overall case presented.
North Carolina Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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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.
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.
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.
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.
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.
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 issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.