If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
Title: New Mexico Instruction to Jury in a Paternity Case: The Amount of Support is not a Question for the Jury Keywords: New Mexico, instruction, jury, paternity case, amount of support Introduction: In a paternity case in New Mexico, the instruction to the jury clearly delineates their role and responsibilities. One important aspect of the jury's role is understanding that determining the amount of support is not within their purview. This article aims to provide a detailed description of the instruction given to the jury in such paternity cases, focusing on New Mexico's legal framework. Understanding the Instruction: In a paternity case, the instruction to the jury regarding support generally revolves around the principle that determining the amount of support should be left to the court or relevant administrative body. The jury's primary duty is to determine the issue of paternity based on the evidence presented, while ensuring that their decision is unbiased and objective. Types of New Mexico Instruction to Jury in a Paternity Case: 1. Instruction on Paternity Determination: The jury is instructed to evaluate the evidence presented regarding the biological relationship between the alleged father and the child. The jurors carefully scrutinize testimonies, DNA tests, medical records, and any other relevant evidence to establish paternity beyond a reasonable doubt. This instruction ensures that the jury fully understands their primary role in the case. 2. Instruction on Evidence: Aside from determining paternity, the jury receives instructions on evaluating evidence related to support. They must adhere to the principle that the amount of support is not a question for the jury to decide. This instruction reminds jurors to focus solely on the issue of establishing paternity, leaving the determination of support to other authorities. 3. Instruction to Disregard Support-related Factors: To prevent any confusion or potential bias, the jury is provided with instructions to disregard any discussion or evidence related to the amount of support. This instruction emphasizes that their role is strictly limited to determining paternity, including factors such as biological relationships and parental obligations, without considering financial considerations. Conclusion: In New Mexico, the instruction to the jury in a paternity case involving support amount emphasizes that the jury's responsibility is solely to establish paternity and not to decide the support payment. Through various instructions, the jury is reminded to focus on evaluating evidence pertaining to the biological relationship between the alleged father and the child. These instructions ensure impartiality and promote a fair legal process by allocating the determination of the amount of support to the appropriate authorities or administrative bodies.
