Delaware Jury Instruction - 2.1 Consideration Of The Evidence Duty To Follow Instructions No Corporate Party Involved
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FAQ
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
The jury never sees untrustworthy, irrelevant, or prejudicial evidence, as it is excluded by the judge. But when there is no jury, the judge sees all the evidence and can't unsee it. It might be difficult for a judge to disregard inadmissible evidence, no matter how unbiased and conscientious the judge might be.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation.