Evidence of Children (Videotaped Complaint) (s. 715.1)

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

11.21 Evidence of Children (Videotaped Complaint) (s. 715.1)

(s. 715.1)

Note[1]

(Last revised June 2012)

[1] You have seen a video statement of (NOW). This is a procedure we often use when a witness is under the age of 18 years. (NOW) has also testified and said that what he/she said in the video-statement was true. Both the video and his/her testimony are her evidence.

[2] It is for you to decide whether you accept all, part or none of (NOW)’s evidence.

[3] Consider the circumstances under which the video was made, any discrepancies between the video and his/her evidence in court, as well as any other evidence which supports or contradicts (NOW)’s evidence.

If the jury is permitted to watch the video in the jury room, the following instruction must be given:

You will be permitted to watch the video in the jury room, but you must not place undue weight on the video simply because it is a live recording. Also remember that you must not consider items of evidence in isolation. You should consider every part of the witnesses’ testimony, including any portion that may explain or put what you see on the video into context. You must reach your verdict by considering the whole of the evidence in the case.

Where the witness has no independent memory of the event, the video may be admissible but the jury should be given the following special warning of the dangers of convicting based on the video alone.

(NOW) has testified he/she has no recollection, at this time, of the events he/she described on the video. It is dangerous to rely on the evidence of (NOW) to convict (NOA) without some evidence that could confirm or support what he/she said on the video. Whether or not there is confirming evidence, it is for you to decide what weight to give to (NOW)’s evidence.

[1] The general instruction concerning the evidence of children is Final 11.19.