Louisiana Jury Instruction - 2.1 Consideration Of The Evidence Duty To Follow Instructions No Corporate Party Involved
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FAQ
During a Supreme Court judge and jury trial, the charge to the jury is the instructions given to the jury by the judge which summarize the case and explain the law, enabling the jury to apply the law to the facts of the case.
Jury Instructions Following the closing arguments, the judge ?charges the jury,? or informs them of the appropriate law and of what they must do to reach a verdict.
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.
The jurors meet in a room outside the courtroom to decide whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty. All the jurors must agree on the decision or verdict ? their decision must be unanimous.
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.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
If the judge grants the motion, the judge (not the jury) enters a verdict of acquittal, which can be appealed for errors of law. Otherwise, the trial judge has no capacity to usurp the fact finding role of the jury.
All prospective jurors are entitled to apply for an exemption in the situations provided for by law, or if they believe that their specific situation makes jury duty impossible. However, you must, as a prospective juror, present serious and reasonable grounds for the exemption, with supporting documents.