Montana Code 26-1-303. Instructions to jury on how to evaluate evidence
26-1-303. Instructions to jury on how to evaluate evidence. The jury is to be instructed by the court on all proper occasions that:
Terms Used In Montana Code 26-1-303
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)their power of judging the effect of evidence is not arbitrary but to be exercised with legal discretion and in subordination to the rules of evidence;
(2)they are not bound to decide in conformity with the declarations of any number of witnesses that do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds;
(3)a witness false in one part of the witness’s testimony is to be distrusted in others;
(4)the testimony of a person legally accountable for the acts of the accused ought to be viewed with distrust;
(5)if weaker and less satisfactory evidence is offered and it appears that it is within the power of the party to offer stronger and more satisfactory evidence, the evidence offered should be viewed with distrust.