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Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 13 - CHAPTER 272
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272.6 Summation/Closing Argument: Use Of Graphics And Enlargements
272.6.1 Preparing Enlargements (Blow-Ups) Of Instructions For Use During Summation/Closing Argument
272.6.2 Computer Generated Graphics In Summation/Closing Argument: Cautionary Instruction
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 13 - CHAPTER 272
272.6.1 Preparing Enlargements (Blow-Ups) Of Instructions For Use During Summation/Closing Argument
PRACTICE NOTE: See Hubbard, JURY INSTRUCTIONS FOR CRIMINAL CASES IN SOUTH CAROLINA: DEFENDANTS REQUESTED INSTRUCTIONS Introduction (B)(1)(b) [Trial Presentation] (South Carolina CLE, 1994) ["Defense counsel may want to prepare a 'blow-up' of important instructions to use during closing argument"].
RESEARCH NOTES:
See Manual On Recurring Problems In Criminal Trials [1a. Right To Final Argument: General Principles].
See also Manual On Recurring Problems In Criminal Trials [2a. Control By Court].
See also Manual On Recurring Problems In Criminal Trials [3a. Time Limitations: General Principles].
See also A Manual On Jury Trial Procedures [3.19.1A. Closing Argument: In General].
See generally FORECITE National™ 305.19.9.2 [Summation/Closing Argument].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 13 - CHAPTER 272
272.6.2 Computer Generated Graphics In Summation/Closing Argument: Cautionary Instruction
RATIONALE: High tech audio or visual aids used during argument may distract the jury from its consideration of the evidence itself.
POINTS AND AUTHORITIES: See Goins v. Commonwealth (VA 1996) 470 SE2d 114, 129 [need for cautionary instruction regarding edited tape considered but instruction denied because counsel did not object to the tape].
FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 5.7].
RESEARCH NOTES:
See Manual On Recurring Problems In Criminal Trials [1a. Right To Final Argument: General Principles].
See also Manual On Recurring Problems In Criminal Trials [2a. Control By Court].
See also A Manual On Jury Trial Procedures [3.19.1A. Closing Argument: In General].
See generally FORECITE National™ 305.19.9.2 [Summation/Closing Argument].
RELATED FEDERAL MODEL INSTRUCTIONS:
See 11th Circuit Pattern Jury Instructions - Criminal BI 4.2.
SAMPLE INSTRUCTION:
You must not be influenced by the ___________ [insert specific technical aid e.g., computer generated graphics, etc.] used by counsel during arguments. These technical aids are not evidence but are merely intended to enhance your understanding of the evidence. In the final analysis it is the evidence itself which must govern your decision.
[Source: FORECITE National™.]