South Carolina Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue is an important legal instruction that guides jurors in cases where both the plaintiff and defendant claim damages or when damages are not a point of contention. This particular jury instruction highlights the responsibility of the jury to thoroughly deliberate and consider the evidence and arguments presented by both parties. It emphasizes the importance of carefully examining the facts, assessing credibility, and applying the law to reach a fair and just decision. The instruction may be further broken down into different types based on the specific circumstances of the case: 1. Type 1: Both Plaintiff and Defendant Claim Damages In cases where both the plaintiff and defendant are seeking damages, this jury instruction reminds jurors of their duty to consider the evidence, evaluate the claims, and determine the appropriate amount of damages, if any, to award to each party. It emphasizes the need for impartiality and fairness in assessing the credibility of witnesses and evaluating the evidence presented. 2. Type 2: Damages are Not an Issue In some situations, damages may not be a point of contention between the plaintiff and the defendant. In such cases, this instruction instructs jurors to deliberate on other aspects of the case, such as liability, negligence, causation, or any other relevant factors. It reminds them to focus on the evidence and apply the law to reach a just decision. Regardless of the type, this jury instruction underlines the vital role of the jury in the legal system and emphasizes their duty to engage in thorough and thoughtful deliberation to ensure a fair and impartial outcome. By instructing jurors to carefully weigh the evidence, assess credibility, and follow the law, this instruction helps maintain the integrity of the judicial process and promotes justice in South Carolina courts.
South Carolina Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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FAQ
In the event that a jury is unable to reach a verdict as required by law, the judge may declare a mistrial, and the case will then have to be tried at another time before another jury.
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.
In South Carolina, it generally takes one year from the date a lawsuit is filed for that case to be called to trial. However, insurance companies often try to delay the process, resulting in cases not being called to trial for 18-24 months. Fortunately, most accident cases settle short of trial.
If the jury cannot reach a verdict, the jury will be considered deadlocked, or hung, and a mistrial will usually be declared by the judge. If a mistrial is declared, the prosecution usually has the ability to take the case to trial again, with a different jury.
However, except in complicated cases, the allowance of note taking by jurors is rare, as all material which may be considered as evidence will be sent to them in their deliberation room for consideration.