Texas Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness

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This form is a model for an explanatory instruction regarding the prior statement or testimony of a witness. The instruction explains that prior tesitmony is not normally allowed for the truth or falsity thereof, but instead as a means of helping to determine the truth or falsity of current testimony.

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.

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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.

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Instructions to the Jury​​ At the close of all the evidence, the judge will give the jury detailed instructions that identify the issues to be determined and the ... Listen carefully and follow the instructions given by court personnel and the judge. With your cooperation and attention to detail, the jury selection process ...It is a great privilege to recognize Judge Scott Wright's leadership on the. Committee and to dedicate these Instructions in recognition of his outstanding. Base your answers only on the evidence admitted in court and on the law that is in these instructions and questions. Do not consider or discuss any evidence ... This collection of jury instructions was compiled by the Civil Jury Instruction. Committee and is intended as a guide for judges and attorneys in constructing. JURY INFORMATION AVAILABLE 24 HOURS A DAY AT:​​ Fill out your Juror Information Form and Supplemental Questionnaire online. Respond to your Jury Summons online. ... • Impeachment or corroboration of a witness by a prior statement. State ... the complaining witness and no corroborating eyewitness testimony, the best practice. The Civil Pattern Jury Instructions Committee continues to meet monthly to review and revise the instructions. ... 05 Striking Earlier Testimony; 1A.06A Limiting ... allegations]" provide guidelines for completing the finished jury instruction and should not be retained verbatim in the document. d. Use of masculine ... Mar 10, 1994 — In doing so you must consider only the evidence presented during the trial, including the sworn testimony of the witnesses and the exhibits.

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Texas Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness