4.1 Statements by Defendant.

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Multi-State
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US-JURY-9THCIR-4-1-CR
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Rich Text
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Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

4.1 Statements by Defendant is a type of evidence used in legal proceedings to determine the truth or falsehood of a statement. It is a statement made by the defendant in a criminal case in which he or she is accused of a crime. A 4.1 statement can be presented in court as an oral statement, a written statement, or a combination of both. The defendant's statement is used as evidence of the truth or falsity of the charges. There are two types of 4.1 Statements by Defendant: admissions and denials. An admission is a statement by the defendant that they committed the crime in question, while a denial is a statement by the defendant that they did not commit the crime. Both admissions and denials are considered evidence and can be used in court.

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FAQ

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.

Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.

The Ohio Jury Instructions (OJI) Committee drafts Ohio Jury Instructions for newly enacted legislation and updates existing instructions as needed and required by intervening legal opinions or events.

A silence in the face of accusation instruction is a permissive inference instruction and, as such, the Committee recommends that it generally not be given. If a defendant is in custody, silence in the face of an accusatory statement does not constitute an admission of the truth of the statements.

To search Jury Instruction Filings: Select. Trial Court Documents. on the Westlaw homepage. Select. Jury Instruction Filings. .

The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.

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4.1 Statements by Defendant.