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Your verdict must be based solely on the
evidence, or lack of evidence, and the law. The
information is not evidence, and it is not to be
considered by you as any proof of guilt. It is the
judge’s responsibility to decide laws apply to this case,
and then explain those laws to you. It’s your
responsibility to decide what the facts of the case may
be, and then apply the law to those facts. Thus, the
province of the jury and the province of the Court are
well defined. They do not overlap. This is one of the
fundamental principles of our system of justice. Before
proceeding further it will be helpful for you to
understand how a trial is conducted.
At the beginning of the trial the
attorneys have an opportunity, if they want to, to make
an opening statement. The opening statement gives the
attorneys a chance to tell you what evidence they believe
will be presented during this trial. What the lawyers
say is not evidence. And you are not to consider it as
such. Following the opening statements witnesses will be
called to testify under oath. They will be examined and
cross examined by the attorneys. Documents and other
exhibits may also be produced as evidence. After the
evidence has been presented the attorneys will then have
an opportunity to make their final or closing argument.