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In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
Any attempt to interfere with jurors or witnesses, whether by way of intimidation, bribery or persuasion, may be punished as a contempt of court at common law. Contempt in this context means a serious interference with the administration of justice. There is also a statutory offence of intimidating jurors and others.
Jurors in West Virginia are currently ?responsible for the cost of meals, parking, and any other incidental expenses incurred as the result of service? and are only reimbursed $40 for each day of required attendance plus round-trip mileage.
Any person who fails to show good cause for non-compliance with the jury summons may be fined $1,000.00, imprisoned for not more than 3 days, ordered to perform community service, or any combination thereof. (Title 28, U.S.C. Section 1866(g)).
Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
If you have been convicted of a felony as an adult and have not had your civil rights restored, or have been declared mentally incompetent and your competence has not been reinstated, you are not eligible to serve on a jury.
(b) A prospective juror is disqualified to serve on a jury if the prospective juror: (1) Is not a citizen of the United States, at least 18 years old and a resident of the county; (2) Is unable to read, speak and understand the English language.
Individuals that may be excused when requested in writing: Those over 70 years of age; Those who have served on a Federal grand or Federal petit jury within the last two years; Volunteer safety personnel; Active military personnel; Full-time students (with proof of enrollment and current class schedule); or.