Georgia Jury Instructions - Defendant's Failure to Testify
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How to fill out Jury Instructions - Defendant's Failure To Testify?
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FAQ
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.
The judge in a criminal case tells the jury what the law is. The jury must determine what the true facts are. On that basis the jury has only to determine whether the defendant is guilty or not guilty as to each offense charged.
The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.
If the Defendant chooses not to testify the jury may not consider his silence in any way in determining whether he/she is guilty or not guilty.
Certain people are eligible to be exempted or excused from jury duty, such as people age 70 or older or full-time students. If you qualify, you must contact the court to receive an exemption before your appearance date.
Missing jury duty is generally classified as civil contempt. Penalties for missing jury duty can result in contempt of court, which may be punishable by: Fines (sometimes up to $1,000) and/or Jail time (usually up to 5 days maximum).
Juries decide whether a defendant is guilty or not guilty based on whether the prosecutor proved guilt beyond a reasonable doubt.
Petit Jury Petit juries, also known as trial juries, decide both criminal and civil cases. In a criminal case, a petit jury decides whether the Government has proved beyond a reasonable doubt that the defendant committed the crime as charged.