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1.03 EXPLANATORY: GENERAL; NATURE OF CASE; BURDEN OF PROOF; DUTY OF JURY; CAUTIONARY

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US-8THCIR-JURY-1-03
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf

1.03 Explanatory: General; Nature of Case; Burden of Proof; Duty of Jury; Cautionary is an instruction given to a jury in a criminal trial. It is designed to help a jury understand the task it is asked to perform. It explains the general principles of a criminal trial, the nature of the case, the burden of proof, the duty of the jury and any cautionary instructions. Specifically, 1.03 Explanatory: General; Nature of Case; Burden of Proof; Duty of Jury; Cautionary includes the following types of instructions: • General: Explains the roles of the judge, the prosecution and the defense, the types of evidence, and the rules of the court. • Nature of Case: Explains the elements of the crime charged, the parties involved and the applicable law. • Burden of Proof: Explains the burden of proof required to convict a defendant of a crime, usually “beyond a reasonable doubt.” • Duty of Jury: Explains the jury’s responsibility to weigh the evidence and reach a verdict based on the law and the facts. • Cautionary: Details any special instructions relevant to the case, such as instructions not to consider certain evidence or testimony.

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FAQ

When the prosecutor makes their case, they must prove all the elements of the offense beyond a reasonable doubt. Thus, for the shoplifting example, they must show that the defendant took something from a store.

Jury Deliberations & Announcement of the Verdict In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant. After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court.

An example of this would be a trial for manslaughter in which the prosecution was only able to convince the jury panel that you had a 75% chance of committing the crime. Because the jury is 25% uncertain, the prosecution was not successful in proving beyond a reasonable doubt that you are guilty.

Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.

A reasonable doubt may arise either from the evidence or from a lack of evidence. Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation.

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.

By a ?reasonable doubt? is not meant a possible doubt, but such a doubt, arising from the evidence, that leaves the minds of the jury in such a state that they cannot say, after having reviewed all the evidence, that they have an abiding conviction, to a moral certainty, of the guilt of the accused.

Admissible: A term used to describe evidence that may be considered by a jury or a judge in civil and criminal cases.

More info

03 Explanatory: General; Nature of Case; Burden of Proof; Duty of. Committee on Model Civil Jury Instructions.The conclusion of each instruction briefly recaps the elements and ends with a recitation of the jury's duty to find the defendant guilty or not guilty. Browse the jury instructions using the table of contents below, or print the entire instruction set (rev. 2023). Full list of instructions. , Cautionary and General Opening Remarks to Jury--Civil. SECTION 2 - BOARD OF EDUCATION. School District Governance. Ministry of the Attorney General, Public Prosecutions.

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1.03 EXPLANATORY: GENERAL; NATURE OF CASE; BURDEN OF PROOF; DUTY OF JURY; CAUTIONARY