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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.
Whether a case is criminal or civil (a lawsuit seeking money compensation), there are six major phases: Jury Selection, Opening Statements, Testimony and Evidence, Closing Arguments, Jury Instructions, and Deliberation and Verdict.
The old law, 11 Del Code § 4214, (click here to view), set up a two-tiered system for habitual offenders. The ?B? section is the mandatory life sentence, and the ?A? section had significantly enhanced penalties. Life under the B section: a person convicted of three listed violent felonies got mandatory life.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
After a jury is selected, a trial will generally follow this order of events: Opening Statement: ... Presentation of Evidence: ... Rulings by the Judge: ... Instructions to the Jury: ... Closing Arguments: ... Deliberation:
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.