DOJ-OGR-00008549.jpg
696 KB
Extraction Summary
7
People
3
Organizations
0
Locations
1
Events
2
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
696 KB
Summary
This document is a legal instruction (Instruction No. 4) from a court case, filed on December 18, 2021. The judge directs the jury that they must decide the case based solely on their own recollection of the evidence, not on the arguments, objections, or statements made by the attorneys for the Government or the Defendant. The instruction explicitly states that statements from counsel and the court are not evidence and that the jury's memory of the facts is the ultimate authority.
People (7)
| Name | Role | Context |
|---|---|---|
| Counsel | Legal Representative |
Mentioned throughout as making statements, arguments, and objections which are not to be considered evidence by the j...
|
| Attorneys for the Government | Attorney |
Their rhetoric is mentioned as something the case should not be decided on.
|
| Attorneys for the Defendant | Attorney |
Their rhetoric is mentioned as something the case should not be decided on.
|
| Lawyers | Attorney |
Mentioned generally; their arguments are not to be confused with evidence.
|
| Witness | Witness |
Mentioned as someone the judge may have admonished or directed, which should not lead to any inference by the jury.
|
| Judge | Judge |
The speaker of the instructions, referred to as 'I', who makes rulings and gives instructions.
|
| Jury | Jury |
The recipient of the instructions, referred to as 'you', whose duty is to determine the facts based on their recollec...
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Court | Government agency |
Mentioned in the title: 'Statements of Counsel and Court Not Evidence'.
|
| Government | Government agency |
A party in the case, represented by attorneys.
|
| DOJ | Government agency |
Appears in the footer identifier 'DOJ-OGR-00008549'.
|
Timeline (1 events)
Relationships (2)
The document is a formal instruction from the judge to the jury, outlining the jury's duties and the legal standards they must apply.
Key Quotes (5)
"Statements of Counsel and Court Not Evidence; Jury's Recollection Controls"Source
— Court
(The title of Instruction No. 4, summarizing its main point.)
DOJ-OGR-00008549.jpg
Quote #1
"You must determine the facts by relying upon your own recollection of the evidence."Source
— Judge
(The primary directive given to the jury at the beginning of the instruction.)
DOJ-OGR-00008549.jpg
Quote #2
"This case is not to be decided on the rhetoric of either the attorneys for the Government or the attorneys for the Defendant."Source
— Judge
(A specific warning to the jury not to be swayed by lawyers' arguments over evidence.)
DOJ-OGR-00008549.jpg
Quote #3
"If your recollection of the evidence differs from the statements of the lawyers, follow your recollection."Source
— Judge
(An instruction clarifying that the jury's memory of the evidence takes precedence over what lawyers say.)
DOJ-OGR-00008549.jpg
Quote #4
"Again, it is your recollection that governs."Source
— Judge
(A reinforcement of the central theme of the instruction.)
DOJ-OGR-00008549.jpg
Quote #5
Full Extracted Text
Complete text extracted from the document (2,312 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 11 of 167
1 Instruction No. 4: Statements of Counsel and Court Not Evidence;
2 Jury's Recollection Controls
2 Jury's Recollection Controls
3 You must determine the facts by relying upon your own recollection of the evidence.
4 This case is not to be decided on the rhetoric of either the attorneys for the Government or the
5 attorneys for the Defendant. The lawyers' arguments are intended to convince you to draw
6 certain conclusions from the evidence or lack of evidence. Those arguments are important. You
7 should weigh and evaluate them carefully. But you must not confuse them with the evidence. If
8 your recollection of the evidence differs from the statements of the lawyers, follow your
9 recollection.
10 You should draw no inference or conclusion for or against any party by reason of lawyers
11 making objections or my rulings on such objections. Counsel have not only the right but the duty
12 to make legal objections that they think are appropriate. You should not be swayed against the
13 Government or the Defendant simply because counsel for either side has chosen to make an
14 objection. Similarly, statements made by counsel when arguing the admissibility of evidence are
15 not to be considered as evidence.
16 If I comment on the evidence during my instructions, do not accept my statements in
17 place of your recollection. Again, it is your recollection that governs.
18 Do not concern yourself with what was said at side bar conferences or during my
19 discussions with counsel. Those discussions related to rulings of law, which are my duty, and not
20 to matters of fact, which are your duty to determine.
21 At times I may have admonished a witness or directed a witness to be responsive to
22 questions, to keep his or her voice up, or to repeat an answer. My instructions were intended only
23 to clarify the presentation of evidence. You should draw no inference or conclusion of any kind,
24 favorable or unfavorable, with respect to any witness or party in the case, by reason of any
10
DOJ-OGR-00008549
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