Texas Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is an important component of the legal process in Texas courts. It addresses the admissibility and weight given to prior statements or testimonies made by witnesses in a trial. This instruction clarifies how the jury should consider and evaluate such prior statements or testimonies in reaching their verdict. In Texas, there are two main types of Explanatory Instructions — Prior Statement or Testimony of a Witness that may be issued to the jury: substantive and impeachment. Substantive instructions relate to the use of prior statements or testimonies as substantive evidence. Impeachment instructions pertain to the use of prior statements or testimonies to challenge the credibility of a witness. When a substantive instruction is given, it means that the jury may consider a witness's prior statement or testimony as substantive evidence in the case. This means that the jury can use the prior statement or testimony to determine the truth of the matter asserted. However, the jury should assess the credibility of the witness and consider any inconsistencies between the prior statement or testimony and the witness's current testimony. On the other hand, when an impeachment instruction is given, it means that the jury should use a witness's prior statement or testimony only to evaluate the credibility of the witness. It is important to note that in such cases, the prior statement or testimony cannot be considered as substantive evidence to prove the truth of the matter asserted. The jury should carefully evaluate the credibility of the witness, taking into account any discrepancies between the prior statement or testimony and the witness's current testimony. The purpose of these instructions is to guide the jury in properly assessing the weight and reliability of prior statements or testimonies. They help ensure that the jury evaluates the credibility of witnesses and their prior statements or testimonies in a fair and informed manner. In summary, the Texas Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a vital component of the legal process, providing guidance to the jury on how to consider and evaluate the admissibility and weight of prior statements or testimonies. Substantive and impeachment instructions are the two main types of instructions that may be given, each serving a different purpose in the jury's decision-making process.
Texas Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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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.
Section 8.02 - Mistake of Fact (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
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.
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) .
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.
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.
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.
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.