New Mexico Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a set of guidelines provided to jurors in court proceedings to explain the significance of prior statements or testimonies given by a witness during the trial. These instructions clarify how such evidence should be evaluated and what weight it should be given by the jury. There are different types of New Mexico Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness, including: 1. Prior Consistent Statement: This instruction addresses a situation where a witness's prior statement made outside the trial is consistent with their current testimony. It explains that such a prior consistent statement can be considered as evidence supporting the credibility and reliability of the witness's testimony. 2. Prior Inconsistent Statement: This instruction deals with instances where a witness's prior statement contradicts their current testimony. It clarifies that the jury should closely examine these inconsistencies and evaluate the impact they may have on the witness's credibility and the weight to be given to their testimony. 3. Testimony Given at a Different Proceeding: This instruction refers to situations where a witness's statements were made during a previous legal proceeding, such as a deposition or another trial. It explains that the jury should treat such testimony similarly to the statements made during the current trial, considering factors like the witness's demeanor and potential motives for any inconsistencies. 4. Statement of a Witness Unavailable for Testimony: This instruction applies when a witness is unable to testify due to reasons such as death, illness, or refusal to appear. It outlines the circumstances in which the jury can consider previously recorded statements made by the unavailable witness, giving due consideration to the reliability and credibility of the statements. Overall, New Mexico Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness provides a comprehensive framework for jurors to assess the probative value and impact of prior statements or testimonies given by witnesses.
New Mexico Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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Fourth and finally, this article emphasizes a four-step process to use in the direct examination of witnesses: (1) qualifying the expert; (2) establishing a basis for his or her opinion; (3) eliciting the opinion; and (4) explaining the opinion.
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 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.
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.
Persons who are not a citizen of the United States; Persons who are under 18 years of age; Persons who are not residents of Dona Ana County; Persons who are currently on probation or parole for a felony.
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.
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.