South Carolina Jury Instruction - Note-Taking - Not Permitted

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Multi-State
Control #:
US-11CRT-2-2
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Word; 
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Description

This is a model text for an instruction to jurors regarding the taking of notes. It explains that notes should not be taken, due to the desire that the collective memory of the jury be used during deliberations, and that all exhibits and recorded testimony will be made available to the jury at the time of deliberations. An annotation states that juror's note taking or not is within the discretion of the court.

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FAQ

Persons who are not a resident of the county for which they have been summoned. Persons who cannot cannot read, write, speak, or understand the English language. Persons who have less than a sixth grade education or its equivalent. A mental or physical condition prevents them from serving as a juror.

The Basic Rule Rule 105 ? Limited Admissibility. When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury ingly.

If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.

Arguments against note taking are that (1) the best note-taker may dominate jury deliberations; (2) jurors, not having an overview of the case, may include in their notes interesting sidelights and ignore important but boring facts; (3) dishonest jurors might falsify notes; (4) note taking draws the juror's attention ...

A jury instruction in which the judge instructs the jury to consider a piece of evidence for a specific purpose and ignore it for any other purpose. At trial, a court may admit evidence that is admissible for one purpose or against one party but not another.

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 ...

However, except in complicated cases, the allowance of note taking by jurors is rare, as all material which may be considered as evidence will be sent to them in their deliberation room for consideration.

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South Carolina Jury Instruction - Note-Taking - Not Permitted