Wisconsin Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a crucial component of trial proceedings in the state of Wisconsin. This instruction assists the jury in understanding the role and significance of prior statements or testimonies provided by witnesses during the trial. By providing jurors with a clear explanation of these evidentiary materials, the court aims to ensure an unbiased and well-informed decision-making process. In Wisconsin, there are various types of Explanatory Instructions related to the Prior Statement or Testimony of a Witness, which are designed to address specific scenarios or circumstances. The following are some different types of instructions that may be provided: 1. Prior Inconsistent Statement: This instruction pertains to a situation where a witness has made a statement prior to the trial that contradicts their current testimony. It guides the jury in evaluating the weight and credibility of such a statement and its potential impact on the overall case. 2. Prior Consistent Statement: This instruction is given when a witness's current statement aligns with their earlier statement or testimony. It helps the jury assess the significance and reliability of consistent statements, reinforcing the witness's credibility. 3. Prior Identifications: This instruction focuses on prior identifications made by a witness. It educates the jury on how to consider such identification evidence and its potential relevance to the case, particularly in matters where identification plays a significant role. 4. Prior Identification Issues: In cases involving potential identification issues, this instruction guides the jury in comprehending the factors affecting identification reliability. It emphasizes the need for caution and scrutiny while evaluating witness identification testimonies. 5. Prior Statement Not Offered for Substantive Purposes: This instruction is given when a witness's prior statement is introduced not for its truthfulness but for other purposes, such as refreshing the witness's memory or impeaching credibility. It informs the jury that they should not consider the statement as substantive evidence. The primary aim of all these Wisconsin Jury Instructions is to provide jurors with clarity and guidance on how to evaluate the evidentiary value of prior statements or testimony of witnesses. By explaining the purpose, weight, and admissibility of such evidence, these instructions contribute to a fair and well-informed decision-making process, allowing the jury to weigh the credibility and reliability of witnesses effectively.
Wisconsin Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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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.
Party to a Crime Section 939.05 of the Criminal Code of Wisconsin provides that whoever is concerned in the commission of a crime is a party to that crime and may be convicted of that crime although that person did not directly commit it.
520 SUPPLEMENTAL INSTRUCTION ON AGREEMENT Jurors should not be obstinate; they should be open-minded; they should listen to the arguments of others, and talk matters over freely and fairly, and make an honest effort to come to a conclusion on all of the issues presented to them.
1005 NEGLIGENCE: DEFINED A person is not using ordinary care and is negligent, if the person, without intending to do harm, does something (or fails to do something) that a reasonable person would recognize as creating an unreasonable risk of injury or damage to a person or property.
If you are satisfied beyond a reasonable doubt that the defendant (drove) (operated) a motor vehicle on a highway while under the influence of an intoxicant, you should find the defendant guilty of Count 1. If you are not so satisfied, you must find the defendant not guilty of Count 1.
1005 NEGLIGENCE: DEFINED A person is not using ordinary care and is negligent, if the person, without intending to do harm, does something (or fails to do something) that a reasonable person would recognize as creating an unreasonable risk of injury or damage to a person or property.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.