New York Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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FAQ
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
See New York Pattern Jury Instruction § 8. It further states ?[a]n act is malicious when it is done deliberately with knowledge of the plaintiff's rights, and with the intent to interfere with those rights.
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.
For example, if a witness testifies that the defendant has a criminal record, the judge may give a limiting instruction to the jury that they can only consider this evidence to determine the defendant's credibility as a witness and not to conclude that the defendant is guilty of the crime they are currently on trial ...
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.
In every court room, the judge will tell the jury about which laws are relevant under the current context. Not only that, the judges also monitor the lawyers during the case and prevent them from colluding the juries with misleading information.