Tennessee Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury

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If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.

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FAQ

Defendants in criminal cases (other than infractions) have the right to have a jury of their peers decide their guilt or innocence. Therefore, before trial, defendants need to decide whether to have a jury trial (where the jury decides if the defendant is guilty or not) or a court trial (where the judge decides).

In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.

All defendants in state criminal cases are entitled to jury trials ing to the federal standard for "serious penalties" used by the Supreme Court. However, if the offense carries a sentence of 6 months or less, then a jury trial isn't mandated and the state can decide whether to provide a jury trial.

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.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

People who are non-citizens, under eighteen or have a permanent medical condition. Those who wish to be excused for a medical condition must provide a letter from their doctor. People who have pled guilty or been convicted of any felony offense, perjury or subornation of perjury are also exempt.

Bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.

Defendants in criminal cases (other than infractions) have the right to have a jury of their peers decide their guilt or innocence. Therefore, before trial, defendants need to decide whether to have a jury trial (where the jury decides if the defendant is guilty or not) or a court trial (where the judge decides).

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Tennessee Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury