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1.9 No Transcript Available to Jury

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1.9 NO TRANSCRIPT AVAILABLE TO JURY

At the end of the trial you will have to make your decision based on what you recall of the evidence. You will not have a written transcript of the trial. I urge you to pay close attention to the testimony as it is given.

Comment

An earlier version of this instruction was modified so as to delete the suggestion that read backs are either unavailable or highly inconvenient. The practice of discouraging read backs has been criticized in United States v. Damsky, 740 F.2d 134, 138 (2nd Cir.1984). See also Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 5.1.C (2013).