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Criminal Jury Instructions

Criminal Jury Instructions Home

2.6-7  Judicial Notice

Revised to December 1, 2007

I have decided to accept as proved the fact that <identify fact>, even though no evidence has been introduced about it.  I believe that the fact is of such common knowledge or capable of such ready and unquestionable demonstration that it would be a waste of our time to hear evidence about it.  Thus, you may treat it as proved, even though no evidence was brought out on the point.  Of course, with this fact, as with any fact, you will have to make the final decision and you are not required to agree with me.

Commentary

See Code of Evidence §§ 2-1 and 2-2.

See State v. Reid, 254 Conn. 540, 549 (2000) (discussing judicial notice of microscopic hair analysis evidence and concluding that an admissibility hearing is not required); State v. Griffin, 251 Conn. 671, 702-09 (1999) (discussing "judicial notice of the existence of a body of scientific literature" and concluding that social science evidence that ''death qualified'' jurors are more "conviction prone" is not the proper subject of judicial notice); State v. Zayas, 195 Conn. 611, 613-15 (1985) (time of sunrise and sunset on any day is a matter that falls within the realm of facts which are capable of immediate and accurate demonstration and is an appropriate fact for judicial notice); State v. Tomanelli, 153 Conn. 365, 368-71 (1966) (the scientific accuracy of radar as a means of measuring speed is an appropriate fact for judicial notice, but the proposition is not conclusive, and the opponent may submit evidence disputing it); In re Mark C., 28 Conn. App. 247, 252-53, cert. denied, 223 Conn. 922 (1992) (the trial court has the power to take judicial notice of court files from other actions between the parties; however, such judicial notice does not constitute conclusive proof).
 


 

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