New York Jury Instruction - Confession - Statement - Multiple Defendants
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FAQ
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
?Yes, I killed my husband. But he deserved it because he was unfaithful?? is good example of a confession, given that the crime in question is murder and the suspect's statement is more than adequate to justify a formal charge to that effect.
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.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
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.
The touchstone will always be whether the confession was the result of the suspect's own free will. Even if you are given your Miranda warnings, a confession may still be excluded from trial if it comes after an illegal arrest.
For example, if a witness testifies that the defendant has a criminal record, the judge may give a limiting instruction to the jury that they can only consider this evidence to determine the defendant's credibility as a witness and not to conclude that the defendant is guilty of the crime they are currently on trial ...
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.