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Fill and Sign the Employment Family and Medical United States Courts Form

Fill and Sign the Employment Family and Medical United States Courts Form

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503 5 Explanatory Instruction Transcript of Tape Recorded Conversation Members of the Jury: As you have heard, Exhibit has been identified as a type written transcript [and partial translation from Spanish into English] of t he oral conversation that can be heard on the tape recording received in evidence as Exhibit . [The transcript also purports to identify the speakers engaged in such conversation.] I have admit t ed the transcript f or t he limit ed and secondary purpose of aiding you in following the content of the conversation as you listen to the tape recording, [particularly those portions spoken in Spanish,] [and also to aid you in identifying t he speakers.] However, you are specifically instruct ed that whether the transcript correctly or incorrectly reflects the content of the conversation [or the identity of the speakers] is entirely f or you to determine based upon [your own evaluation of the testimony you have heard concerning the preparation of t he transcript, and from] your own examination of the transcript in relation to your hearing of t he tape recording itself as the primary evidence of its own contents; and, if you should determine that the transcript is in any respect incorrect or unreliable, you should disregard it to that extent. ANNOTATIONS AND COMMENTS United States v. Nixon, 91 8 F.2d 895 (11t h Cir. 199 0), held that transcript s are admissible in evidence, including transcripts that purport t o identify the speakers, and specifically approved the text of t his instruct ion as given at t he time the transcripts were offered and received.

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