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HI · jury_instructions

Haw. Pattern Jury Instr. (Criminal) 3.03

Consider Only the Evidence

activein force · 2009-09-04 – presentas-observed

You must consider only the evidence that has been presented

to you in this case and inferences drawn from the evidence which

are justified by reason and common sense.

The indictment/complaint/information is a mere formal

accusation, and it is not evidence of the defendant’s guilt.

You must not be influenced at all because the defendant has been

charged with an offense(s).

Trial procedures are governed by rules. When a lawyer

believes that the rules require it, it is his or her duty to

raise an objection. It is my responsibility to rule on such

objections. You must not consider objections made by lawyers in

your deliberations.

Statements or arguments made by lawyers are not evidence.

You should consider their arguments to you, but you are not

bound by their memory or interpretation of the evidence.

If I have said or done anything that has suggested to you

that I favor either side, or if any of my statements or facial

expressions has seemed to indicate an opinion as to which

witnesses are, or are not, worthy of belief or what facts are or

are not proved, or what inferences should be drawn from the

evidence, I instruct you to disregard it. You must also

disregard any remark I may have made, unless the remark was an

instruction to you.

You must not be influenced by pity for the defendant or by

passion or prejudice against the defendant. Both the

prosecution and the defendant have a right to demand, and they

do demand and expect, that you will carefully and impartially

consider and weigh all of the evidence and follow these

instructions, and that you will reach a just verdict.

Provenance

Source
courts.state.hi.us
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
b51e95fb9bad71349c2f830065296ff43396f4bbbc474f3a9e6b72f3a54fc937
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