Texas Defendant's Proposed Jury Instruction
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FAQ
There are two kinds of juries in Texas: petit juries and grand juries. In criminal cases, a petit jury is selected to serve in a particular trial in order to decide on the defendant's guilt or innocence.
During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s). The defendant, represented by an attorney, also tells his side of the story using witnesses and evidence.
If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed. . . . If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence.
A jury instruction is given by the judge to the jury to explain what is happening in the court, to explain the points of law relevant to the case, to explain certain aspects of the evidence presented and to assist the jurors in understanding their duties in reaching a verdict.
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.
Mistrial. If the jury cannot reach an unanimous verdict, the judge can declare a mistrial.If the prosecutor improperly brings up the criminal conviction, the judge will probably declare a mistrial. When a trial ends in a mistrial, the state may usually try the defendant again.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.
Q - Do all the jury members have to agree on the verdict? A - In a criminal trial the jury verdict must be unanimous, that is all 12 jurors must agree.It is up to the Crown to decide whether to apply for a new trial. A jury that cannot agree on a verdict is called a 'hung' jury.
The right to trial by jury in a criminal case resides in both Article III, Section 2 of the federal Constitution (The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury) and the Sixth Amendment (In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an