Georgia Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.

It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.

Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds. A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court's decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc., Nos.

Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.

In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.

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Georgia Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue