California Reasonable Doubt by Single Juror

State:
Multi-State
Control #:
US-00889
Format:
Word; 
Rich Text
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Description

This Reasonable Doubt by Single Juror sample is an example of a jury instruction drafted by counsel and presented to the judge. The judge will then present and explain this Reasonable Doubt by Single Juor instruction to the jury. The jury will use this instruction in their deliberations, helping them to come to a decision on the guilt of the Defendant.

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FAQ

If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A ?hung jury? results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.

As briefly discussed above, Rule 4.421 of the California Rules of Court spells out aggravating factors that a judge can use in determining a sentence, as most felonies have a range of penalties that can be imposed. There are two parts to CRC 4.421?factors relating to the crime and factors relating to the defendant.

In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors. Under Missouri law, a judge may impose a death sentence when the jury deadlocks in the penalty phase.

In civil cases in California, three quarters of the jurors must agree in order for the jury to render a verdict. This contrasts with criminal cases, which require a unanimous verdict.

There is no requirement that jurors must come to a unanimous verdict. If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.

Under Florida's constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt.

Instruction 103 on Reasonable Doubt states that ?Whenever I tell you the People must prove something, I mean they must prove it beyond a reasonable doubt [unless I specifically tell you otherwise].? Thus, when the concept of reasonable doubt is explained and defined, the jury is told that it is the standard that ...

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.

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California Reasonable Doubt by Single Juror