Oregon Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness: In the state of Oregon, during a jury trial, the court may provide an explanatory instruction to the jury regarding prior statements or testimony of a witness. This particular jury instruction aims to guide the jury on how they should consider and evaluate prior statements or testimonies provided by a witness during the trial. The purpose of the explanatory instruction is to assist the jury in understanding the weight and credibility they should ascribe to a witness's prior statements or testimony. It clarifies that prior statements or testimony, whether given in-court or out-of-court, can be used as evidence to determine the credibility of a witness's current testimony, and the weight to be given to it. By providing the explanatory instruction, the court ensures that the jury understands the significance of a witness's prior statements or testimonies and how they relate to the current proceedings. It advises the jury that they must evaluate the consistency and veracity of the witness's prior statements or testimonies, considering any factors that may affect the witness's credibility, such as bias, interest, or motivations. The explanatory instruction also informs the jury that even if they find inconsistencies between a witness's prior statements or testimonies and their current testimony, they should not automatically disregard the witness's whole testimony. Instead, they should carefully evaluate the differences and determine whether they affect the credibility and weight to be given to the witness's current testimony. Different types of explanatory instructions related to prior statements or testimonies of witnesses may include: 1. Prior Inconsistent Statements: This instruction guides the jury when a witness's prior statements or testimonies differ from their current testimony. It explains how the jury should assess the inconsistencies and determine their impact on the credibility of the witness. 2. Prior Consistent Statements: This instruction helps the jury understand how to evaluate a witness's prior statements or testimonies that align with their current testimony. It emphasizes that consistent statements can bolster the credibility of the witness and corroborate their current account. 3. Out-of-Court Statements: This type of explanatory instruction is focused on guiding the jury when considering prior statements or testimonies made by a witness outside the courtroom (e.g., interviews, depositions, or affidavits). It clarifies that the jury should evaluate such statements with caution, considering any relevant circumstances, and assessing them in conjunction with the witness's current testimony. Overall, the Oregon Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness aims to provide jurors with a clear framework to assess the weight and credibility of a witness's prior statements or testimonies. This instruction helps ensure a fair and informed judgment is reached based on the available evidence.
Oregon Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.
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.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
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.
The judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
Thus, preliminary instructions should cover the statutory requirements, set forth the basic and important legal principles that a jury needs to know, attempt to explain to jurors things they will see and hear during a trial that might otherwise puzzle them, and try to assure jurors that rulings on objections and the ...