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1.13 No Transcript Available to Jury

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1.13 NO TRANSCRIPT AVAILABLE TO JURY

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

If at any time you cannot hear or see the testimony, evidence, questions or arguments, let me know so that I can correct the problem.

Comment

The practice of discouraging readbacks of testimony has been criticized in United States v. Damsky, 740 F.2d 134, 138 (2d Cir.1984). See also Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 5.1.C (2013).

The court may wish to repeat this instruction in the instructions at the end of the trial.