Ohio Jury Instructions - Defendant's Failure to Testify
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FAQ
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.
What is a Rule 29 Motion? Ohio's Criminal Rule 29 (A) is a motion filed by the defense or by the court, after all the evidence has been presented by the prosecutor. If the evidence is insufficient to sustain a conviction on a charge, the Ohio Rules of Criminal Procedure allow the court to order a judgment of acquittal.
The Ohio Jury Instructions (OJI) Committee drafts Ohio Jury Instructions for newly enacted legislation and updates existing instructions as needed and required by intervening legal opinions or events.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
The law requires twelve (12) jurors to be seated in a criminal case and only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a defendant ?guilty? or ?not guilty? by a unanimous vote.
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.
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.
