Hawaii 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
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.
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.
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.
Juries decide whether a defendant is guilty or not guilty based on whether the prosecutor proved guilt beyond a reasonable doubt.
The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.
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.
' The Court holds that upon a defendant's proper request, a state trial judge has a constitutional obligation to instruct the jury that no adverse inference is to be drawn from the defendant's failure to testify.