Puerto Rico Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness In Puerto Rico, a crucial aspect of a fair trial is the use of jury instructions to guide and inform the jurors about the legal principles they must apply when reaching their verdict. One essential type of instruction is the Explanatory Instruction regarding the Prior Statement or Testimony of a Witness. When it comes to assessing the credibility and weight to be given to a witness's testimony, prior statements or testimony can play a significant role. These instructions provide guidance to the jury on how they should consider such statements while evaluating the credibility of the witness. There are different types of explanatory instructions related to the prior statement or testimony of a witness in Puerto Rico: 1. Voluntaries of the Statement: This instruction sheds light on the circumstances under which the prior statement or testimony was made by the witness. It explains that if the statement was obtained involuntarily, through coercion, or in violation of the witness's constitutional rights, the jury should seriously scrutinize its reliability and credibility. 2. Consistency and Inconsistency of Statements: This instruction addresses the consistency or inconsistency of a witness's prior statements or testimony. It informs the jury that consistent statements may enhance the credibility of the witness, while inconsistent statements might cast doubt on their reliability. Jurors are encouraged to assess the reasons for any discrepancies and consider whether they affect the witness's overall trustworthiness. 3. Veracity of Statements: This instruction focuses on the general veracity or truthfulness of the witness's prior statements or testimony. It highlights factors that can influence the witness's credibility, such as their demeanor, potential bias, or motivation to lie. Jurors are reminded to evaluate the witness's honesty and sincerity while weighing the significance of their prior statements. 4. Corroboration of Statements: This instruction informs the jury about the importance of corroboration when assessing the credibility of a witness's prior statements. If there is evidence or other witnesses supporting the statements made by the witness, it can strengthen their credibility. The instruction advises jurors to consider the corroborative evidence in conjunction with the witness's overall credibility. It is crucial for the jury to understand these explanatory instructions when evaluating the prior statement or testimony of a witness. Each instruction aims to guide the jury's reasoning process and ensure their verdict is based on a careful analysis of the evidence presented. By applying these instructions, the jury can make informed decisions regarding the credibility and weight to be given to the prior statements or testimony of witnesses involved in the case.
Puerto Rico Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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The judge or jury must determine in every case with respect to every witness whether the witness is credible in his or her testimony. This determination also applies to the victim in a stalking or harassment case.
The Witness Credibility Model is an empirically-developed framework that conceptualizes witness credibility as a composite of four elements: witness likeability, knowledge, confidence, and trustworthiness (Brodsky, Griffin, Cramer, 2010 & Brodsky, 2015) .
A credible witness is a witness who comes across as competent and worthy of belief. Their testimony is assumed to be more than likely true due to their experience, knowledge, training, and sense of honesty. The judge and jurors will use these factors to determine whether they believe the witness is credible.
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.
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.
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.
Summary: Preliminary substantive jury instructions are instructions provided to jurors at the start of a trial, before the presentation of evidence by the parties, on the elements of a claim or defense. Such. instructions aim to facilitate (1) better decision making by jurors, and (2) greater understanding by jurors of.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.