COLJI-Crim. B:03

Before we begin the trial, I would like to tell you about what will be

happening here.

The first step in the trial will be the opening statements. The

attorneys may make opening statements if they choose to do so.

[Defendant[’s attorney] may reserve opening statement until later in the

trial, or he [she] may decide not to make an opening statement at all.]

An opening statement is not evidence. Its purpose is to give you a

framework to help you understand the evidence as it is presented.

Next, the prosecution will offer evidence. Evidence is what the

witnesses say under oath, and items allowed as exhibits.

After the prosecution’s evidence, the defense may present evidence,

but is not required to do so. I want to remind you that the defendant is

presumed to be innocent. The prosecution must prove the defendant

guilty beyond a reasonable doubt. The defendant does not have to prove

his [her] innocence or call any witnesses or introduce any evidence.

After all the evidence has been presented, I will tell you the rules of

law which you must use in reaching your verdict. These rules of law are

called jury instructions. I will read them to you and you will be allowed to

take them with you to the jury room during your deliberations.

It is my job to decide what rules of law apply to the case. You must

follow all of the rules as I explain them to you. You cannot follow some

and ignore others. Even if you disagree or do not understand the reasons

for some of the rules, you must follow them. You will then apply these

rules to the facts you have determined from the evidence. In this way you

will decide whether the prosecution has proven the guilt of the defendant

beyond a reasonable doubt.

After you have heard all the evidence and the jury instructions, the

prosecution and the defense may make their closing arguments. Because

the prosecution has the burden of proof, it will have the opportunity to

reply to any closing argument made by the defense. Like opening

statements, closing arguments are not evidence. Their purpose is to

remind you of the evidence that was presented during the trial and to

argue why you should return a verdict of either not guilty or guilty.

After the closing arguments, you will then go to the jury room to

deliberate on a verdict. Your role as jurors is to decide what the facts are,

and your decision must be based only upon the evidence that was

presented during the trial.

At times during the trial, the attorneys may make objections. This

means that the attorney is asking me to decide a particular legal issue.

It is proper for an attorney to object to things which he or she believes

should not be presented as evidence. When an objection is made, I have

two choices. I can disagree and overrule the objection, or I can agree and

sustain the objection.

Do not concern yourselves with the reasons for my decisions about

any objections. You must not let yourself be influenced in any way by the

objections or my rulings on the objections.

If I overrule an objection to a question, the witness may answer. If I

sustain an objection to a question, the witness may not answer. You must

not consider the question for any purpose or guess how the witness might

have answered.

If I overrule an objection to an exhibit, it will be allowed into

evidence. If I sustain an objection to an exhibit, it will not be allowed into

evidence and you must not consider it for any purpose.

At times I may instruct you to disregard statements you have already

heard or things you have already seen. You must treat them as if you had

never heard or seen them. You must not consider them for any purpose.

During the trial I may need to talk with the attorneys out of your

hearing about questions of law. Sometimes you may be asked to leave the

courtroom or wait in the jury room while we discuss these things. We will

try to limit these interruptions as much as possible. As a judge, I do not

have any opinions either for or against anyone involved in this case. You

must not think that I do, based on any rulings that I make or anything that

I say or do during this trial.