Out of Court Statements of Person Charged (Joint Trial)

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.

11.8 Out of Court Statements of Person Charged (Joint Trial)

Note[82]

(Last revised June 2012)

[1] You have heard (NOW1) testify that he/she heard (NOA2) say something. Any statement that you find (NOA1) made can only be considered as evidence in relation to (NOA1) and not as evidence in relation to (NOA2) (or others).

[2] Even if the statement refers to something (NOA2) did or said, you must not consider that statement as evidence in relation to (NOA2).

[82] If the co-conspirator exception to the hearsay rule applies, the instruction at 11.27 should be given.