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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Grand Jurors determine whether a person shall be tried for a serious federal crime alleged to have been committed. The grand jury convenes monthly for one to three days during the 18 month term of service.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
The court may not impose a sentence of death unless each juror individually finds the defendant should be sentenced to death. Even when death is a possible sentence, each juror must decide based on his or her own moral assessment whether life imprisonment without the possibility of parole, or death, should be imposed.
A grand jury does not try a case on the issue of guilt. The grand jury rarely hears both sides. Its function is simply to hear witnesses as to a charge of crime, by the State, and to determine whether the person, or persons, so charged should be brought to trial.