US-CA5 · jury_instructions
5th Cir. Pattern Jury Instr. (Criminal) 1.49
CAUTIONARY INSTRUCTION DURING TRIAL—TRANSCRIPT OF
TAPE-RECORDED CONVERSATION
Exhibit has been identified as a typewritten transcript of the oral conversation which
can be heard on the tape recording received in evidence as Exhibi t ____. The transcript also
purports to identify the speakers engaged in such conversation.
I have admitted the transcript for the limited and secondary purpose of aiding you in
following the content of the conversation as you listen to the tape recording, and also to aid you in
identifying the speakers.
You are specifically instructed that whether the transcript correctly or incorrectly reflects
the content of the conversation or the identity of the speakers is entirely for you to determine based
upon your own evaluation of the testimony you have heard concerning the preparation of the
transcript, and from your own examination of the transcript in relation to your hearing of the tape
recording itself as the primary evidence of its own contents; and, if you should determine that the
transcript is in any respect incorrect or unreliable, you should disregard it to that extent. It is what
you hear on the tape that is evidence, not the transcripts.
[In this case there are two transcripts because there is a difference of opinion as to what is
said on the tape. You may disregard any portion of either or both transcripts if you believe they
reflect something different from what you hear on the tape. It is what you hear on the tape that is
evidence, not the transcripts.]
Provenance
- Source
- lb5.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
26d7dd515738c05b101a6791a8e73a369f3c3a4129b01e5678224b64d4df6f67
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