New Hampshire Jury Instructions — Defendant's Failure to Testify: Understanding the Impact of Silence Keywords: New Hampshire jury instructions, defendant's failure to testify, silence, constitutional rights, Fifth Amendment, criminal trial, presumption of innocence, reasonable doubt, burden of proof, prosecutorial claim, evidentiary weight, beyond a reasonable doubt. Description: New Hampshire Jury Instructions — Defendant's Failure to Testify explain the implications of a defendant's decision not to testify during a criminal trial. In criminal proceedings, the Fifth Amendment protects individuals from self-incrimination, allowing them to remain silent without adverse inference being drawn. However, jurors may naturally question the defendant's decision to remain silent, and these instructions help jurors understand the legal context. 1. New Hampshire Jury Instructions — Defendant's Failurtestifyif— - General Instructions: These instructions provide an overview of the defendant's constitutional rights and the presumption of innocence. They explain that the defendant's silence must not be seen as evidence of guilt or an admission of wrongdoing. Jurors are reminded that the burden of proof rests entirely on the prosecution, and the defendant's choice not to testify cannot be used against them in any way. 2. New Hampshire Jury Instructions — Defendant's Failurtestifyif— - Prosecutorial Claim: These instructions address specific situations where the prosecutor attempts to highlight the defendant's failure to testify as evidence of guilt. Jurors are informed that the prosecution's claim is improper and should not influence their decision-making process. The instructions emphasize that the defendant's silence cannot be used as supporting evidence when evaluating the overall case. 3. New Hampshire Jury Instructions — Defendant's Failurtestifyif— - Evidentiary Weight: These instructions aim to guide jurors when evaluating the evidentiary weight assigned to the defendant's failure to testify. They clarify that this silence cannot be considered as substantial evidence that the defendant is guilty. Instead, jurors are reminded that the prosecution must establish guilt beyond a reasonable doubt through valid evidence and not by drawing improper inferences from silence. By providing these jury instructions, the court ensures that the jury fully comprehends the defendant's constitutional rights and the significance of remaining silent. They reiterate that the defendant has no obligation to present evidence or testify against themselves, reinforcing the principle of presumption of innocence until proven guilty beyond a reasonable doubt. Legal professionals use these instructions to safeguard the fairness and integrity of criminal trials in New Hampshire, promoting a just and balanced judicial system where defendants' rights are protected.
New Hampshire Jury Instructions - Defendant's Failure to Testify
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Relevance. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.
401. Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?.
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes | New Hampshire Judicial Branch.
Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
Emotionalism is fair if it's part of the case, and unfair if it is outside the facts of the case. For example, evidence of child abuse is always emotional, but whether it is unfairly emotional depends on the case. If the defendant is charged with child abuse, the emotional impact is an inherent part of the trial.