Kansas Jury Instruction - False Declaration - Before Grand Jury
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FAQ
Closing arguments take place after all the evidence has been presented and both sides have rested their cases, and they have a lot of power to impact the jury's decision since it is the last thing the jury will hear.
In criminal cases, the prosecution is required to prove the defendant's guilt beyond a reasonable doubt. This means that the evidence presented must be so convincing that no reasonable person could have any doubts about the defendant's guilt.
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.
§ 1623 states as follows:(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false ...
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.
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. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
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.
A hung jury is when the members of a jury are unable to reach a unanimous decision on whether or not the accused party is guilty beyond reasonable doubt. This occurs when there are opposing opinions among the jurors regarding the outcome of the case.
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.