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2.1-1 Role of Judge/Role of Jury

Revised to January 1, 2008

Ladies and gentlemen of the jury, you have listened to the evidence and to the arguments of counsel, and it is now time to listen to me as I charge you on the law that applies to this dispute.

You as the jury and I as the judge have two separate functions.  It is your function to find what the facts are in this case; with respect to the facts, you and you alone are charged with that responsibility.  My function is to instruct you as to the law to be applied to the facts that you find in order to decide this case.  With respect to the law, what I say to you is binding upon you and you must follow my instructions.

I do not have any preference as to the outcome of this case.  I have not meant to convey by facial expression or tone of voice or in any other way at any time during the trial any preference or inclination as to how you should decide the facts, and you should not make any such interpretations.  If, in my instructions to you, I refer to one party more than the other, or do anything that in your mind suggests a preference for one side or the other, it is not done on purpose.  My task has been to apply the rules of evidence and to instruct you as to the law.  It is for you alone to decide on the outcome of this case.


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