The Cautionary Instruction Before Recess form is an official jury instruction used by judges in the Federal 7th Circuit Court. Its primary purpose is to remind jurors to refrain from discussing the trial and to keep an open mind until all evidence has been presented. This form differs from other jury instructions as it specifically addresses behavior during recesses, emphasizing juror conduct and maintaining impartiality throughout the trial process.
This form should be used by judges during a trial when taking the first break or recess. It serves to establish proper conduct for jurors before they leave the courtroom. Utilizing this instruction helps prevent any premature discussions or prejudgments regarding the case while jurors are separate from one another.
This instruction is intended for:
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Another example of a curative instruction is when the judge tells the jury to disregard certain evidence or consider it for specific purposes only. This is called a cautionary instruction and is meant to prevent the evidence from unfairly influencing the jury's decision.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
A cautionary instruction is a direction or guideline that a judge gives to a jury concerning the law of the case. It is usually given to warn the jury about certain evidence or to instruct them not to be influenced by outside factors.
The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision.
Recess is a break in a trial, other adjudicatory proceedings or legislative session until a specified date and time. Recess is not to be confused with adjournment, which winds up the proceedings.