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Word Count: 265
J-111 Ladies and gentlemen counsel in their closing arguments have commented upon the evidence And in so doing they have depended upon their individual recollection of the evidence However it is your collective recollection which controls when you deliberate upon what is fact and what is not fact If your recollection differs in any way from the recollection of counsel and I hasten to add the Court If I should refer to the facts and your recollection differs from mine you will be guided by your own recollection You do not take the facts from counsel or from the court You are the sole determiners of the facts In determing the facts you may come across conflicts in the evidence Conflicts in the testimony and if you do you have the duty to decide which testimony to believe and except First however you should try to reconcile or fit together any conflicts in the testimony if you can fairly do so Discrepancies and conflicts between the testimony of different witnesses may or may not cause you to disbelieve some or all of their testimony Remember that two or more persons witnessing an occurance or an incident may see or hear it happen differently Also it is not uncommon for witnesses to be mistaken in his or her recollection of how something happened If you cannot reconcile a conflict in the testimony it is up to you to decide which testimony if any to believe and which to reject as untrue or inaccurate In making this decision consider whether the conflict involves a matter of importance
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