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703 KB
Extraction Summary
6
People
2
Organizations
0
Locations
2
Events
3
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
703 KB
Summary
This document is a jury instruction, designated as Instruction No. 4, from a legal case filed on December 19, 2021. The judge directs the jury to base their verdict solely on their own recollection of the evidence, not on the arguments of the lawyers for the Government or the Defendant. It clarifies that statements from counsel, the judge's comments, legal objections, and side-bar conferences are not evidence and should not influence their determination of the facts.
People (6)
| Name | Role | Context |
|---|---|---|
| Counsel | Lawyer |
Mentioned throughout as legal representatives for the parties, making arguments and objections.
|
| Attorneys for the Government | Lawyer |
Mentioned as the legal representatives for the Government, whose rhetoric should not be the basis for the jury's deci...
|
| Attorneys for the Defendant | Lawyer |
Mentioned as the legal representatives for the Defendant, whose rhetoric should not be the basis for the jury's decis...
|
| The Judge | Judge |
The author of the instructions, referred to as "I" and the "Court", responsible for rulings of law.
|
| The Jury | Juror |
The recipients of the instruction, referred to as "you", responsible for determining matters of fact based on their r...
|
| Witness | Witness |
Mentioned as a person the judge may have admonished or directed during the trial.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Government | Government agency |
A party in the case, represented by its attorneys.
|
| Court | Judicial body |
Mentioned in the title "Statements of Counsel and Court Not Evidence".
|
Timeline (2 events)
A court case (Case 1:20-cr-00330-PAE) in which this jury instruction was filed.
Relationships (3)
The document is a set of instructions from the judge to the jury, defining the jury's role and responsibilities in relation to the judge's role.
The document instructs the jury on how to interpret the actions and arguments of the lawyers, specifically to weigh their arguments but not confuse them with evidence.
The document presents them as opposing sides in a legal case, whose arguments are aimed at persuading the jury.
Key Quotes (4)
"You must determine the facts by relying upon your own recollection of the evidence."Source
— The Judge
(The core instruction to the jury on their primary duty.)
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Quote #1
"This case is not to be decided on the rhetoric of either the attorneys for the Government or the attorneys for the Defendant."Source
— The Judge
(Instructing the jury to distinguish between lawyers' arguments and actual evidence.)
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Quote #2
"If your recollection of the evidence differs from the statements of the lawyers, follow your recollection."Source
— The Judge
(Emphasizing that the jury's memory of the evidence is paramount.)
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Quote #3
"Statements of Counsel and Court Not Evidence; Jury's Recollection Controls"Source
— The Judge
(The title of Instruction No. 4, summarizing its main point.)
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,207 characters)
Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 9 of 83
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
8
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