Texas Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form is a set of carefully designed instructions delivered to the jury panel prior to the opening statements in a trial under Texas law. These instructions provide important guidance to the jury members about their roles, the legal process, and the principles they must consider during the trial. Keywords: Texas, jury instruction, preliminary instructions, opening statements, long form, trial, legal process, principles, jury members, roles, guidance. The purpose of these preliminary instructions is to ensure that the jurors have a clear understanding of their responsibilities, the rules they need to follow, and the initial concepts they need to grasp before the presentation of evidence commences. By providing a comprehensive overview, these instructions help to create a fair and unbiased environment for all parties involved. Some different types of Texas Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form may include: 1. Basic Principles: This section lays out the fundamental principles of the legal system and the jurors' role as fact-finders. It emphasizes the importance of impartiality, active listening, and considering only the evidence presented in court. 2. Burden of Proof: These instructions outline that the burden rests solely on the prosecution (or plaintiff in a civil case). Jurors must understand that the defendant is presumed innocent, and it is the responsibility of the prosecution to prove guilt beyond a reasonable doubt. 3. Jury's Evaluation of Evidence: This part explains the jurors' duty to assess the credibility and weight of the evidence presented. It highlights the importance of distinguishing between facts and arguments, as well as considering witness testimony, physical evidence, and exhibits. 4. Legal Definitions: Certain legal terms and concepts are explicitly defined to ensure all jurors comprehend the language used during the trial. Examples may include "reasonable doubt," "preponderance of the evidence," and "burden of proof." 5. Jury Conduct and Communication: Instructions may include guidelines on how the jurors should interact among themselves and with the court. It may cover topics like prohibiting discussions outside the jury room, restrictions on internet research, and maintaining confidentiality. 6. Procedure During the Trial: These instructions cover the general order of proceedings, breaks, and any peculiarities specific to the trial. For instance, jurors may be informed about the use of exhibits or expert witnesses during the trial. Overall, Texas Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form aims to ensure a fair and informed jury capable of rendering a just verdict based on the presented evidence. It serves as a crucial foundation for the jurors to understand their duties and the legal principles that govern the trial.
Texas Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form
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The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Article 38.23 reads: (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
The opening statement should not contain argument; rather, it should be a factual statement that lasts from 10 to 30 minutes.
The trial begins with the opening statement of the party with the burden of proof. This is the party that brought the case to court--the government in a criminal prosecution or the plaintiff in a civil case--and has to prove its case in order to prevail. The defense lawyer follows with his or her opening statement.
An opening statement is made by the attorney for the plaintiff. The attorney for the defendant may then make an opening statement. 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.
Texas's exclusionary rule Texas has its own unique exclusionary rule in Article 38.23, one that is in many ways more stringent than the federal rule upon which it is generally based. Under Article 38.23, any evidence that is unlawfully obtained must be excluded.
Opening Statement 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.
(a) No oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding unless: (1) an electronic recording, which may include motion picture, video tape, or other visual recording, is made of the statement; (2) prior to the ...
The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.
The opening statement is a lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).