1.9 What is Evidence? Evidence is a type of information that is used in legal proceedings to prove facts or to establish truth. It can be physical, documentary, testimonial, or demonstrative. Physical evidence is tangible objects that can be used to prove a fact, such as a weapon used in a crime. Documentary evidence includes written documents, records, testimonies, or photographs that can be used to support a claim. Testimonial evidence is testimony given by a witness under oath in court. Demonstrative evidence is anything that helps to illustrate a point, such as a model or a diagram.
1.9 What Is Evidence
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.
Summary: Preliminary substantive jury instructions are instructions provided to jurors at the start of a trial, before the presentation of evidence by the parties, on the elements of a claim or defense.
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
If a judge gives the jury the wrong legal standards to apply or otherwise improper instructions, they may find a defendant guilty when they should have reached a different verdict. If the judge in your case gave the jury incomplete or incorrect instructions, you may appeal your conviction and seek a new trial.