Oregon Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form is a set of legal guidelines provided to the jurors by the judge before the commencement of a trial in Oregon courts. These instructions aim to inform the jury about its role, responsibilities, and the procedures to be followed during the trial. Here is a detailed description of the Oregon Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form: 1. Purpose: The purpose of this long-form instruction is to familiarize the jury with the general process and expectations of the trial, ensuring an unbiased understanding of their role as jurors and the importance of their decision-making. 2. Introduction: The preliminary instructions begin by introducing the judge, legal teams, and the parties involved in the case. It stresses the importance of a fair and impartial trial, along with the jurors' crucial role in achieving justice. 3. Presumption of Innocence: The long form highlights the presumption of innocence, an essential principle in the criminal justice system. Jurors are instructed that the accused is presumed innocent until proven guilty beyond a reasonable doubt. 4. Burden of Proof: This instruction explains the burden of proof resting upon the prosecution, emphasizing that they must establish the defendant's guilt beyond a reasonable doubt. Jurors are reminded not to substitute suspicion or speculation for evidence. 5. The Indictment or Complaint: The instruction covers the process by which the defendant has been charged and informs the jurors that the indictment or complaint is merely an accusation, which does not constitute evidence of guilt. 6. Credibility of Witnesses: This section educates the jurors about the importance of assessing witness credibility, evaluating their demeanor, consistency, and potential biases. 7. Types of Evidence: The long-form instruction outlines the different types of evidence allowable in court, including testimonial, documentary, and physical evidence, and provides guidelines on how to evaluate each type. 8. Expert Witnesses: If applicable, this section explains the role and qualifications of expert witnesses, who offer specialized knowledge to aid the jury's understanding of complex subjects. 9. Courtroom Decorum: The instruction emphasizes the jurors' obligations to treat all parties with fairness, avoiding discussions or personal research related to the case outside the courtroom. 10. Opening Statements: The long form explains the purpose of opening statements made by the attorneys, clarifying that they are not evidence but rather an overview of what each side intends to prove during the trial. 11. Jury Note-Taking and Note-Taking Materials: If permitted, this section covers the guidelines regarding jury note-taking, including the availability of note-taking materials and the restrictions on sharing notes during deliberations. 12. Final Reminders: The instruction concludes with reminders for jurors not to form any opinions until the evidence is presented, to keep an open mind, and to avoid media coverage or discussions about the case. Different variations of the Oregon Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form may exist based on specific case types, court jurisdictions, or judge preferences. However, the main purpose and structure generally remain consistent in educating the jury about their responsibilities, the legal process, and essential principles for a fair trial.
Oregon Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form
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The purpose of opening statements is to outline to the jury what each side contends the evidence will establish. A general idea of what the case is about is thus presented to the jury. Opening statements are not evidence. Following the opening statements, the attorney for the plaintiff presents evidence.
Hear this out loud PauseProsecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove.
Opening statements include such phrases as, ?Ms. Smith will testify under oath that she saw Mr. Johnson do X,? and ?The evidence will show that Defendant did not do Y.? Although opening statements should be as persuasive as possible, they should not include arguments. They come at the end of the trial.
If you decide to make an objection during opening and closing statements, you must assert the objection immediately after the objectionable statement is made, as waiting until opposing counsel has finished, or after the judge has charged the jury, is generally too late.
Hear this out loud PauseThe purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.
Hear this out loud PauseThe lawyers each make an opening statement outlining what they intend to prove. Jurors should understand that these opening statements are not evidence. Afterward, the plaintiff is usually the first to present evidence to support his or her position, and the defendant follows with his or her evidence.
Opening Statement Checklist State your theme immediately in one sentence. Tell the story of the case without argument. Persuasively order your facts in a sequence that supports your theme. Decide whether to address the bad facts in the opening or not. Do not read your opening statement. ... Bring an outline, if necessary.
In the opening statement, you must clearly present your team's case, explain why your argument is strong, and state what criteria your team will use to support it. At the end, you must wrap up your team's case and re-state why it is the better argument.