2.Jury Instructions on Emotional Evidence
16 linesTHE COURT: All right. All right. Members of the jury, I just kinda wanted to give you...
THE COURT: All right. Sometimes in a trial, evidence is introduced that produces in jurors an emotional response. For example, it's understandable to feel sympathy and empathy when you hear or see certain evidence. And so, but as jurors who have taken an oath to follow the law, I'm instructing you that the law says you must separate any emotional reaction on your part from the informational value and weight of the evidence. You must not be influenced in any way by the unpleasant nature of some of the evidence, including testimony, including exhibits. And so you must find the facts in this case based only on the evidence. And so you can't find facts or base your decision on sympathy, anger, passion, or prejudice, or pity for or against either side. Rather, your verdict must be based solely on the evidence that is introduced in this case and my instructions and any other limiting instructions. And I'll go into that, but I just kinda wanted to remind you of that as we go through this. All right. At this point, we're going to play the exhibit, which is, I believe, the nine-one-one call. Is that correct?
MS. SPRAGUE: Yes, Your Honor.
THE COURT: All right. I wanna remind everyone that there is a order entered by the court regarding this matter. It's not to be recorded, it's not to be broadcast, and it's not to be reproduced in any way, subject to any sanctions that would go along with the violation of that court order. So I just kinda remind everybody that order applies to the media and applies to the public. So I just kinda wanted to remind everybody, in regards to that. So with that, Commonwealth.
BAILIFF: Jurors, close your notebooks. Place them on the chairs.
BAILIFF: Follow me, please.
BAILIFF: Jurors, please exit the courtroom. The court's in session. Please be seated.
THE COURT: We'll be in recess at this time.
BAILIFF: Court, all rise.
BAILIFF: We're in recess. Please exit the courtroom. Clear out the courtroom, please. Thank you.
BAILIFF: This court is back in session. You may be seated.
THE COURT: All right.
COURT CLERK: Your Honor, for the purpose of the record, we return back to the trial of Commonwealth versus Lindsay Clancy. All parties are present, including the defendant.
THE COURT: All right. Counsel, is the Commonwealth ready to call another witness?
MS. SPRAGUE: Yes, Your Honor.
THE COURT: All right. Before we do that, can I see a sidebar?