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Old 04-25-2006, 02:12 PM   #514
Hank Chinaski
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Dictionary = evidence?

Quote:
Originally posted by ltl/fb
OK. If they had a question about a word a witness used, would the witness be called back to the courtroom?
The attorneys should have made some pitch at closing for what they contend it means if it were an issue, or clarified with a follow up question. Witnesses don't get called back. Absent the above the jury is on its own. a term used by a witnessis different than the instructions. they are told that they should ignore anything they hear about what the law might be except for what the judge instructs. The judge likely won't instruct on what most terms used by a witness might mean.

there are times when a definition of a term could be stipulated and then the judge would instruct the jury, but i doubt that happens much in criminal cases. My practice is limited to pawn shop law, so we might stipulate as to "redemption" forfeiture" etc. in our lititgation, but I don't know about criminal law.
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