Subjects:
evidence. And in so doing, they have depended upon their individual recollection of the evidence.
However, it is your collective recollection which controls when you deliberate upon what is fact and
what is not fact. If your recollection differs in any way from the recollection of counsel, and
. . .
mistaken in his or her recollection of how something happened. If I should refer to the facts and your recollection differs from mine, you will be
guided by your own recollection. Conflicts in the
testimony; and if you do, you have the duty to decide which testimony to believe and except. Remember that two or more persons witnessing an occurance
or an incident may see or hear it happen differently. First,
however, you should try to reconcile or fit together any conflicts in the testimony if you can fairly do so. You
are the sole determiners of the facts.
In determing the facts, you may come across conflicts in the evidence.
Discrepancies and conflicts between the testimony of different witnesses may or may not cause you to
disbelieve some or all of their testimony. In making this decision consider whether the conflict involves a matter of importance . You do not take the facts from counsel or from the court. If you cannot reconcile a conflict in the
testimony, it is up to you to decide which testimony, if any to believe and which to reject as untrue or
inaccurate.
Essay's Topics
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