OUJI-CR 11-6


The Court has made rulings in the conduct of the trial and the admission of evidence. In so doing the Court has not expressed nor intimated in any way the weight or credit to be given any evidence or testimony admitted during the trial, nor indicated in any way the conclusions to be reached by you in this case.

You are the judges of the facts, the weight of the evidence and the credibility of the witnesses. In determining such weight or credit you may consider: The interest, if any, which the witness may have in the result of the trial; the relation of the witness to the parties; the bias or prejudice, if any has been apparent; the candor, fairness, intelligence and demeanor of the witness; the ability of the witness to remember and relate past occurrences, and the means of observation, and opportunity of knowing the matters about which the witness has testified. From all the facts and circumstances appearing in evidence and coming to your observation during the trial, aided by the knowledge which you each possess in common with other persons, you will reach your conclusions. You should not let sympathy, sentiment or prejudice enter into your deliberations, but should discharge your duties as jurors impartially, conscientiously and faithfully under your oaths and return such verdict as the evidence warrants when measured by these instructions.

There has been introduced the testimony of witnesses who are represented to be skilled in certain areas. Such witnesses are known in law as expert witnesses. You may consider the testimony of these witnesses and give it such weight as you think it should have, but the value to be given their testimony is for you to determine. You are not required to surrender your own judgment to that of any person testifying as an expert or otherwise. The testimony of an expert, like that of any other witness, is to be given such value as you think it is entitled to receive.

These instructions contain all the law, whether statute or otherwise, to be applied by you in this case, and the rules by which you are to weight the evidence and determine the facts in issue. You must consider the instructions as a whole and not a part to the exclusion of the rest. You must not use any method of chance in arriving at a verdict, but base it on the judgment of each juror concurring there.

After you have retired to consider your verdict select one of the jury as a foreman and then enter upon your deliberations. If you all agree on the verdict in its entirety your foreman alone will sign it. If you do not all agree, but as many as five of you do, then those agreeing will sign the verdict individually. Notify the bailiff when you have a verdict so that you may return it in open Court. You will now listen to and consider the arguments of counsel which are a proper part of this trial.

Notes on Use

The third paragraph of this instruction should be given only if expert witnesses have testified in the case. The Court should not point out to the jury which of the witnesses were experts, since that might put undue emphasis on their testimony.

Committee Comments

The Oklahoma Court of Criminal Appeals stated in Daggs v. State, 317 P.2d 279, 282 (Okla. Cr. 1957), that the failure to instruct the jury as to the weight accorded to expert testimony might cause the jury to put undue emphasis on it.