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2.9-4 Use of Notes During Deliberations
Revised to January 1, 2008
As I told you at the beginning of
the trial, the notes you may have taken are simply aids to your individual
memory.
When you deliberate, you should
rely on your independent recollection of the evidence you have seen and
heard during the trial. You should not give precedence to your own notes or
to any other juror's notes over your independent recollection of the
evidence, because, as we all know, notes are not necessarily accurate or
complete.
Jurors who have not taken notes
should rely on their own recollection of the evidence and should not be
influenced in any way by the fact that other jurors have taken notes. Your
deliberations should be determined not by what is or is not in your notes
but by your independent recollection of the evidence. If you have a
question about any particular testimony, you may ask that it be read or
played back to you from the official record, so there is no need to rely on
notes.
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