Houston Texas Defendant's Proposed Jury Instruction refers to a legal document that is presented by the defendant's counsel in a trial held within the jurisdiction of Houston, Texas. It contains instructions that the defense believes should be given to the jury by the judge during the trial. These proposed jury instructions play a crucial role in guiding the jury's decision-making process. They outline the legal standards, principles, and rules that need to be applied when evaluating the evidence and reaching a verdict. The instructions aim to ensure that the jurors understand the law correctly and are consistent in their assessment of the evidence presented. There can be several types of Houston Texas Defendant's Proposed Jury Instructions, each addressing different legal aspects relevant to the case. Some common types include: 1. Burden of Proof: This instruction discusses the defendant's presumption of innocence and emphasizes that the burden of proving guilt rests solely on the prosecution. It may remind the jurors that the defendant does not need to provide any evidence or testify, and that any reasonable doubt must be resolved in favor of the defendant. 2. Elements of the Crime: This instruction outlines the specific elements that the prosecution must prove beyond a reasonable doubt in each charge against the defendant. It may provide the definition and explanation of the elements required, ensuring the jury understands what constitutes a violation of the law. 3. Credibility of Witnesses: This instruction instructs the jurors on how to assess the credibility of the witnesses based on their demeanor, consistency, bias, and other relevant factors. It reminds the jury to consider the witnesses' motives, inconsistencies, and potential prejudices when weighing their testimony. 4. Affirmative Defenses: If the defense is relying on an affirmative defense, such as self-defense or duress, the proposed jury instruction would explain the legal requirements for establishing such a defense. It would include how the burden shifts to the defendant to prove the elements of the affirmative defense by a preponderance of the evidence. 5. Lesser Included Offenses: If there are lesser offenses included within the main charge, the proposed jury instruction may explain how the jury should consider these alternative charges if they find the defendant not guilty of the main charge. It would outline the elements of the lesser offenses and their potential application to the case. These are just a few examples of the possible Houston Texas Defendant's Proposed Jury Instructions. Each case may require tailor-made instructions to address its specific legal issues and the evidence presented. Ultimately, the purpose of these instructions is to ensure a fair trial by providing the jury with clear guidance on the relevant law and helping them reach a just verdict.
Houston Texas Defendant's Proposed Jury Instruction
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FAQ
Reasons for Being Excused from Jury Service Any reason deemed sufficient by the court. Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict.
Yes, it is legally required, and there are penalties for noncompliance. Jurors perform a vital role in the American system of justice. Jury service is an important civic function that supports one of the fundamental rights of citizens - the right to have their cases decided by a jury of their peers.
Exemptions from Jury Service (GOVT CODE §62.106): You over seventy (70) years of age. You have legal custody of a child/ children younger than 12 years of age and your jury service requires leaving the child/children without adequate supervision. You are a student of a public or private secondary school.
Exemptions for Jury Service A person may claim a legal exemption if that person (Texas Government Code, Section 62.106): Is over 70 years of age. Has legal custody of a child or children younger than 12 years of age and serving on the jury requires leaving the child or children without adequate supervision.
The judge and the attorneys then ask the potential jurors questions to determine their suitability to serve on the jury, a process called voir dire. The purpose of voir dire is to exclude from the jury people who may not be able to decide the case fairly.
A person who receives a summons for jury service and fails to answer the summons as directed by the summons, is subject to a contempt action that is punishable by a fine of not less than $100 nor more than $1,000. (Texas Gov't Code § 62.0141. Failure to Answer Jury Summons.)
The process of selecting a jury from the panel of prospective jurors is called voire dire.
Voir dire: From old French, the legal phrase means to speak the truth or to see them say. Voir dire is the preliminary examination of a prospective juror by a judge or lawyer in the case to decide whether that person can serve on the jury.
Citation Data MLA. prepared by Committee on Model Jury Instructions, Ninth Circuit. Manual of Model Civil Jury Instructions for the Ninth Circuit.APA. prepared by Committee on Model Jury Instructions, Ninth Circuit. ( 1993).Chicago. prepared by Committee on Model Jury Instructions, Ninth Circuit.
What percentage of jurors must agree on the verdict in a civil case? a. 100%. This is called a ?true verdict.? If after 6 hours a true verdict cannot be reached, 5/6 of the jury members may return a ?five-sixth verdict.? In criminal law, all 12 jurors must agree.
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I'm going to need to know a lot of details about your trial. First, how long has this trial gone on? How many hours have you served so far? What's the total number of days and minutes that you've served? I'm going to need to know what kinds of work you've done. Did you go to work the day before the trial? Did you work during the break? Did you participate in a post-trial motion-to-settle conference? Did you serve or volunteer for jury duty? I need to know the name, rank, occupation, and location of every member of your jury panel. Is the jury panel representative of your community or do you have others? Have you ever given any thought to the kinds of jurors that you might want? Second, and most importantly, who will serve as a pimp (or, possibly, whores, if you have been charged with “pimping” a child) during your trial? Are they going to act out their role as “victims” of sexual abuse, or they are going to help you plan to kidnap a child?
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