US-CA8 · jury_instructions
8th Cir. Model Jury Instr. (Criminal) 12.03
Evidence
This instruction is to be given at the beginning of the sentencing phase, before the introduction of evidence.
In making all the determinations you are required to make in this phase of the trial, you may consider any evidence that was presented during the guilt phase of the trial as well as evidence that is presented at this sentencing phase of the trial.
In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness said, or only part of it, or none of it. [In deciding what testimony of any witness to believe, consider the witness's intelligence, the opportunity the witness had to have seen or heard the things testified about, the witness's memory, any motives the witness may have for testifying a certain way, the manner of the witness while testifying, whether the witness said something different at an earlier time, the general reasonableness of the testimony, and the extent to which the testimony is consistent with other evidence that you believe.]
Provenance
- Source
- juryinstructions.ca8.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
9a3379525ee1ad0df9b05afc3870107a1973e5f8c93763b4d1af7cc959f00ccc
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