Wisconsin Jury Instruction - Character Evidence
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How to fill out Jury Instruction - Character Evidence?
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FAQ
During the trial, as a juror, you will hear a lot of talk about "evidence." Evidence is simply information - facts and observations about the matter at hand. But not all information is considered evidence, and not every piece of information may be allowed to be presented as part of a party's case.
Although grand juries and trial juries are both made up of a group of people called for jury duty, they serve different purposes. A grand jury helps determine whether to bring charges against a suspect, while trial jurors render a verdict at the trial itself.
The jurors' primary responsibility is weighing all the facts in the case and deciding if the accused is guilty or not guilty. The judge presides over the law while the jury is the sole judge of the facts and must decide the case only on the evidence presented.
Jury nullification occurs when jurors, based on their own sense of justice, refuse to follow the law and acquit a defendant even when the evidence presented seems to point to an incontrovertible verdict of guilty.
Evidence of a person's character or a trait of the person's character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except: (a) Character of accused.
Character evidence is not admissible to prove conduct in civil cases. For example, a defendant cannot offer the testimony of friends (or her own testimony) that she is usually a very careful driver as circumstantial evidence she was probably driving carefully and not negligently on the day of an accident. 2.
Testimony about the person's reputation (e.g., co-workers) Testimony in the form of an opinion (e.g., neighbors) Evidence of specific acts on cross-examination of a character witness. Specific instances of conduct (where it is an essential element of a charge, claim, or defense)
Your function as the jury is to determine the facts of this case. You alone determine what evidence you believe, how important any evidence is that you do believe, and what conclusions to draw from that evidence.