Vermont 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.

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FAQ

Listen carefully to the questions asked of you. Take your time; give the question as much thought as you require to understand it, formulate your answer, and then give the answer. No matter how nice the attorney may seem on cross-examination, he or she may be trying to discredit you.

Be A Responsible Witness: When you are called into court for any reason, be serious, avoid laughing, fidgeting, or making facial ?comments.? Tell the Truth: Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory and tell the truth.

Give the answer in your own words, and if a question can't be truthfully answered with "yes" or "no," you have the right to explain your answer. Answer only the question asked you. Do not volunteer information. If your answer was not correctly stated, correct or clarify it immediately.

If a question is improper, the other lawyer may object and the judge will rule on it. If you hear an objection, wait for the judge's ruling before answering. As a general rule, you must answer all questions asked when you are testifying.

19. Unless certain, don't say, "That's all of the conversations' or "Nothing else happened." Instead say, "That's all I recall," or "That's all I remember happening." It may be that after more thought or another question, you will remember something important.

Judge's Instructions on the Law 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.

Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.

Listen carefully to the questions posed to you. Be sure you understand the question before you answer it. Give an answer to the best of your ability and knowledge. Let the judge know if you do not understand the question.

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