Icji 1706 evidence instruction no

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It is your duty to determine the facts and to determine them only from the evidence. You are to apply the law to the facts and in this way reach your decision. You are to consider all evidence admitted [during the trial of this case and] during the sentencing hearing.

At times there may be objections to questions asked witnesses or to exhibits offered as evidence. When that happens, I am being asked to decide whether the answer or exhibit can become evidence. Statements about the admissibility of evidence are to assist me in making that decision. Those statements are not evidence, and you should not consider them or allow them to influence your decision. Likewise, do not try to guess why the objection was made in the first place.

If I "sustain" the objection, the answer or exhibit cannot be accepted as evidence. Do not try to guess what the answer might have been or what the exhibit might have shown. If I "overrule" the objection, the answer or exhibit will be accepted as evidence.

During the sentencing hearing I may order that evidence already accepted should be "stricken" or thrown out. Likewise, I may tell you to disregard statements made by a witness. If I do so, you are to put that evidence or statement out of your mind and are not to consider it when reaching your decision.

Any ruling by me that evidence is relevant or admissible is not an indication that you should believe that evidence or give it any weight. It is your responsibility, not mine, to decide what the facts are. If any evidence is admitted for a limited purpose, you are not to consider it for any other purpose.


This instruction should be given at the beginning of the sentencing hearing before the presentation of evidence.

When there has been a bench trial, a plea of guilty, or a different jury at trial, the sentencing jury should not be instructed to consider trial evidence unless it has been formally admitted at the death penalty hearing.
Use the applicable bracketed material.

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