Louisiana Jury Instruction - Note-Taking - Not Permitted

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US-11CRT-2-2
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This is a model text for an instruction to jurors regarding the taking of notes. It explains that notes should not be taken, due to the desire that the collective memory of the jury be used during deliberations, and that all exhibits and recorded testimony will be made available to the jury at the time of deliberations. An annotation states that juror's note taking or not is within the discretion of the court.

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How to fill out Jury Instruction - Note-Taking - Not Permitted?

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FAQ

The Court held that the Sixth Amendment to the United States Constitution required unanimous verdicts. This means that non-unanimous jury verdicts in felony cases are unconstitutional.

But in 1972, the court held that while the Sixth Amendment requires unanimous jury verdicts for federal criminal trials, such verdicts are not required for state trials. Only two states allowed non-unanimous jury verdicts in criminal cases, Oregon and Louisiana, and Louisiana changed its law effective January 1, 2019.

All persons facing charges for misdemeanors or felonies may have a jury trial. The jurors (?finders of fact?) must unanimously agree upon guilt before the defendant can be found guilty and convicted.

The purpose of the instructions is to help the jury arrive at a verdict that follows the law of that jurisdiction. At all times, the judge's instructions are to be given in terms a layperson can easily understand and contribute to the effective administration of justice and public confidence.

If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.

Voters in Louisiana finally abolished non-unanimous juries in 2018. Two years later, the U.S. Supreme Court declared them unconstitutional in Ramos v. Louisiana, which also brought the practice to an end in Oregon.

In 48 States and federal court, a single juror's vote to acquit is enough to prevent a conviction. But two States, Louisiana and Oregon, have long punished people based on 10-to-2 verdicts. In this case, petitioner Evangelisto Ramos was convicted of a serious crime in a Louisiana court by a 10-to-2 jury verdict.

[You may take your notes back into the jury room and consult them during deliberations. But keep in mind that your notes are not evidence. When you deliberate, each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another juror has or has not taken notes.

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Louisiana Jury Instruction - Note-Taking - Not Permitted