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

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US-11CRT-4
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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

If the judge and jury find a witness statement credible, they can charge or convict you of a crime based solely on witness testimony alone. The statement must be made under oath for eyewitness testimony to be used to charge someone with a crime.

If the document is not in evidence, the witness cannot read out loud from it under any circumstances. The witness can look at it to refresh her memory, for instance, or look at it and read it silently if asked to identify a document, but until the document is in evidence, the witness cannot read out loud from it.

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. 1.7 Credibility of Witnesses | Model Jury Instructions - Ninth Circuit uscourts.gov ? jury-instructions ? node uscourts.gov ? jury-instructions ? node

The statement may consist merely of coun- sel's or a legal assistant's interview notes. Counsel can write the statement during the interview, have the witness review it, and have the witness sign and date it. The witness may be interviewed orally, and the interview can be audiotaped or videotaped. Witness Statements in Investigation, Deposition and Trial whitfieldlaw.com ? assets ? htmldocuments whitfieldlaw.com ? assets ? htmldocuments

If the entire contents of any such statement relate to the subject matter of the testimony of the wit- ness, the court shall order it to be delivered directly to the defendant for his examination and use. Defendant Access to Prosecution Witness Statements in Federal and ... wustl.edu ? cgi ? viewcontent wustl.edu ? cgi ? viewcontent

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. About the Trial Process - Jury Service - California Courts ca.gov ? ... ca.gov ? ...

The police will ask you to explain what you saw, either in writing or on video - this is your witness statement. They'll ask you to sign it to say it's true. People involved with the case - for example lawyers or the judge, will read or watch your witness statement.

Testimony is a kind of evidence, and it is often the only evidence that a judge has when deciding a case. When you are under oath in court and you are testifying to the judge, what you say is considered to be truthful unless it is somehow challenged (?rebutted?) by the other party.

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