Michigan Jury Instruction - Mailing Obscene Material
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FAQ
If after considering all of the evidence, including any evidence that another person committed the offense, you have a reasonable doubt that the defendant committed the offense, you must find the defendant not guilty. Motive is not an element of the crime charged and need not be proven by the prosecution.
Q: What happens if I do not report for jury service as summoned? A: If you fail to appear as directed by your summons, you may be held in contempt of court, fined and/or jailed, as provided by MCL 600.1346.
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.
Juror Eligibility The law also provides that a juror be conversed in the English language and be physically and mentally able to carry out the functions of a juror. Of these people, only convicted felons, meaning anyone who has been found guilty of a serious crime, cannot serve.
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.
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.
Defense attorneys can introduce reasonable doubt by challenging the credibility of witnesses, presenting alternative explanations for the evidence, and highlighting inconsistencies in the prosecution's case.
(d) Not have served as a petit or grand juror in a court of record during the preceding 12 months. (e) Not have been convicted of a felony. (2) A person more than 70 years of age may claim exemption from jury service and must be exempt upon making the request.