Montana Jury Instructions - Defendant's Failure to Testify
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FAQ
If the jury has a reasonable doubt, the defendant must be acquitted.
Petit Jury Petit juries, also known as trial juries, decide both criminal and civil cases. In a criminal case, a petit jury decides whether the Government has proved beyond a reasonable doubt that the defendant committed the crime as charged.
If the Defendant chooses not to testify the jury may not consider his silence in any way in determining whether he/she is guilty or not guilty.
The judge in a criminal case tells the jury what the law is. The jury must determine what the true facts are. On that basis the jury has only to determine whether the defendant is guilty or not guilty as to each offense charged.
' The Court holds that upon a defendant's proper request, a state trial judge has a constitutional obligation to instruct the jury that no adverse inference is to be drawn from the defendant's failure to testify.
You can participate in deliberations by expressing doubts about the defendant being guilty if you have them and by asking questions of and actively listening to your fellow jurors. If you feel the need to explain your vote, you can say something general such as that in your heart you cannot convict the defendant.
Juries decide whether a defendant is guilty or not guilty based on whether the prosecutor proved guilt beyond a reasonable doubt.
The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.
