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607 KB
Extraction Summary
1
People
1
Organizations
1
Locations
1
Events
0
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
607 KB
Summary
This document is a page of jury instructions from a criminal trial, case 1:20-cr-00330-PAE, filed on August 10, 2022. It contains two specific instructions: Instruction No. 49, which directs the jury not to draw any negative inference from the defendant, Ms. Maxwell's, decision not to testify, and Instruction No. 50, which advises the jury not to make assumptions based on uncalled witnesses, as both parties had an equal opportunity to call them.
People (1)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned as the defendant who did not testify in the case. The jury is instructed not to draw any adverse inference ...
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page, likely the court reporting service that transcribed the proceedings.
|
Timeline (1 events)
A criminal trial where the defendant, Ms. Maxwell, exercised her right not to testify. The document contains instructions for the jury regarding this fact and the absence of other potential witnesses.
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as the place for jury deliberations, where they are not to consider the defendant's silence against her.
|
Key Quotes (4)
"The defendant did not testify in this case."Source
— Unknown (Judge, implied)
(A statement of fact within Instruction No. 49, explaining the defendant's right not to testify.)
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Quote #1
"A defendant is never required to prove that she is innocent."Source
— Unknown (Judge, implied)
(Part of the instruction to the jury explaining that the burden of proof lies entirely with the government.)
DOJ-OGR-00017262.jpg
Quote #2
"No adverse inference against Ms. Maxwell may be drawn by you because she did not take the witness stand."Source
— Unknown (Judge, implied)
(A direct instruction to the jury on how to consider the defendant's decision not to testify during their deliberations.)
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Quote #3
"I instruct you that each party had an equal opportunity or lack of opportunity to call any of these witnesses."Source
— Unknown (Judge, implied)
(Instruction No. 50, advising the jury not to draw inferences from the absence of witnesses mentioned during the trial.)
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,514 characters)
Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 241 of 257
LCKCmax9 Charge
LCKCmax9 Charge
1 for any other purpose. Specifically, you may not consider it
2 as evidence that Ms. Maxwell is of bad character or has the
3 propensity to commit crimes.
4 Instruction No. 49: Defendant's Right Not to Testify.
5 The defendant did not testify in this case. Under our
6 constitution, a defendant has no obligation to testify or to
7 present any evidence, because it is the government's burden to
8 prove a defendant guilty beyond a reasonable doubt. That
9 burden remains with the government throughout the entire trial,
10 never shifts to a defendant. A defendant is never required to
11 prove that she is innocent.
12 You may not attach any significance to the fact that
13 Ms. Maxwell did not testify.
14 No adverse inference against Ms. Maxwell may be drawn
15 by you because she did not take the witness stand. You may not
16 consider this against Ms. Maxwell in any way in your
17 deliberations in the jury room.
18 Instruction No. 50: Uncalled Witnesses — Equally
19 Available to Both Sides.
20 There are people whose names you heard during the
21 course of the trial that did not appear to testify. One or
22 more of the attorneys has referred to their absence from the
23 trial. I instruct you that each party had an equal opportunity
24 or lack of opportunity to call any of these witnesses.
25 Therefore, you should not draw any inference or reach any
2 as evidence that Ms. Maxwell is of bad character or has the
3 propensity to commit crimes.
4 Instruction No. 49: Defendant's Right Not to Testify.
5 The defendant did not testify in this case. Under our
6 constitution, a defendant has no obligation to testify or to
7 present any evidence, because it is the government's burden to
8 prove a defendant guilty beyond a reasonable doubt. That
9 burden remains with the government throughout the entire trial,
10 never shifts to a defendant. A defendant is never required to
11 prove that she is innocent.
12 You may not attach any significance to the fact that
13 Ms. Maxwell did not testify.
14 No adverse inference against Ms. Maxwell may be drawn
15 by you because she did not take the witness stand. You may not
16 consider this against Ms. Maxwell in any way in your
17 deliberations in the jury room.
18 Instruction No. 50: Uncalled Witnesses — Equally
19 Available to Both Sides.
20 There are people whose names you heard during the
21 course of the trial that did not appear to testify. One or
22 more of the attorneys has referred to their absence from the
23 trial. I instruct you that each party had an equal opportunity
24 or lack of opportunity to call any of these witnesses.
25 Therefore, you should not draw any inference or reach any
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017262
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