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Criminal Jury Instructions

Criminal Jury Instructions Home

2.4-7  Defendant's Testimony

Revised to December 1, 2007 (modified May 23, 2013)

In this case, the defendant testified.  An accused person, having testified, stands before you just like any other witness.  (He/she) is entitled to the same considerations and must have (his/her) testimony tested and measured by you by the same factors and standards as you would judge the testimony of any other witness.  You have no right to disregard the defendant's testimony or to disbelieve the defendant's testimony merely because (he/she) is accused of a crime.  Consider my earlier instructions on the general subject matter of credibility and apply them to the defendant's testimony.

Commentary

Our Supreme Court, in State v. Medrano, 308 Conn. 604 (2013), directed trial courts "to refrain from instructing jurors, when a defendant testifies, that they may specifically consider the defendant's interest in the outcome of the case and the importance to him of the outcome of the trial. Instead, we instruct the trial courts to use the general credibility instruction to apply to a criminal defendant who testifies." Id., 631. The Court then cited the above instruction as proper.
 


 

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