DC Instruction 2.305. STATEMENTS OF THE DEFENDANT—SUBSTANTIVE EVIDENCE

DC Instruction 2.305. STATEMENTS OF THE DEFENDANT—SUBSTANTIVE EVIDENCE

State: District of Columbia

Criminal Jury Instructions for the District of Columbia
Fifth Edition (2014)
II. FINAL INSTRUCTIONS

Instruction 2.305. STATEMENTS OF THE DEFENDANT—SUBSTANTIVE EVIDENCE

You have heard evidence that [name of defendant] made statements to the police about the crime charged. [You should consider all the circumstances, [including whether the police recorded the statement], in deciding whether s/he made the statement.] [If you find that he/she did make the statement,] [Y]ou must decide how much weight to give the statement. For example, you may consider whether s/he made the statement voluntarily and understood what s/he was saying. You may consider whether s/he was forced, threatened, or pressured, either physically or psychologically, and whether s/he was promised any reward or benefit for making the statement. You may consider all of the conversations between him/her and the police. You may consider whether the police warned him/her of his/her rights. You may consider where and when the statement was given; the duration of any questioning; who was present during some or all of the questioning of the defendant; [and whether the police recorded some or all of the conversations]. You may consider the age, education, experience, intelligence and the physical and mental condition of the defendant.

By | 2015-06-14T20:40:02+00:00 June 14th, 2015|Comments Off on DC Instruction 2.305. STATEMENTS OF THE DEFENDANT—SUBSTANTIVE EVIDENCE