West Virginia Jury Instruction — ExplanatorInstructionio— - Prior Statement or Testimony of a Witness is a legal guideline that provides jurors with specific instructions regarding the consideration and weight they should give to prior statements or testimony of a witness during the trial proceedings. This instruction is crucial in ensuring that jurors can assess the credibility and reliability of a witness's previous statements or testimony accurately. In West Virginia, there are several types of Explanatory Instructions — Prior Statement or Testimony of a Witness, which offer specific guidance based on different circumstances or evidentiary rules. Some notable types include: 1. Explanatory Instruction — Prior Inconsistent Statement: This instruction is given when a witness's previous statement contradicts their current testimony in court. It informs the jury that they may consider the inconsistency as a factor in determining the witness's credibility and veracity. 2. Explanatory Instruction — Prior Consistent Statement: When a witness's prior statement aligns with their current testimony, this instruction informs the jury that they can consider this consistency as supporting the witness's credibility and providing corroboration for their current version of events. 3. Explanatory Instruction — Prior Statement Affecting Credibility Only: This instruction is given when a witness's prior statement has no direct bearing on the facts or issues of the case but may still impact the witness's overall credibility. It cautions the jury to consider the prior statement solely as a factor in assessing credibility and does not permit them to use it as substantive evidence of guilt or innocence. 4. Explanatory Instruction — Prior Testimony of Unavailable Witness: This instruction comes into play when a witness who provided testimony in a previous proceeding is unavailable to testify at the current trial. It guides the jury to evaluate the prior testimony as evidence to the extent it is relevant and credible. By providing clear guidelines through these various types of explanatory instructions, West Virginia ensures that jurors can make informed judgments about the weight and reliability they assign to a witness's prior statements or testimony. These instructions enhance the fairness and effectiveness of the judicial process by assisting jurors in reaching well-considered verdicts based on all available evidence.
West Virginia Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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(b)Other crimes, wrongs, or acts. Except as provided in Rule 3 or by statute, evidence of other crimes, wrongs, or acts is generally not admissible to prove the character trait of a person in order to show that the person acted in conformity therewith.
Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.
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.
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.
Rule 404 - Character Evidence; Crimes or Other Acts (a)Character Evidence. (1)Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.
402. Relevant evidence is admissible unless any of the following provides otherwise: (a) the United States Constitution; (b) the West Virginia Constitution; (c) these rules; or (d) other rules adopted by the Supreme Court of Appeals of West Virginia.
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.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.