New York Jury Instruction - 4.4.2 Rule 10(b) - 5(b) Misrepresentations - Omissions Of Material Facts
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FAQ
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).
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Verdict: The official decision or finding of the jury which is reported to the court.
Complainant: Person that wants to start a court case against another person. In a civil case, the complainant is the plaintiff. In a criminal case, the complainant is the state. complaint: In civil cases, a written statement filed by the plaintiff that starts a case.
The jurors are charged with the responsibility of deciding whether, on the facts of the case, a person is guilty or not guilty of the offence for which he or she has been charged. The jury must reach its verdict by considering only the evidence introduced in court and the directions of the judge.
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.
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.
Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.