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Based upon these decisions, the general rule in Idaho is that the defendant in a criminal case has the burden of producing evidence regarding any defense, but he does not have the burden of persuasion. Once the defense is properly raised, the state must disprove it beyond a reasonable doubt.
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.
Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.
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.
Idaho Rules of Evidence Rule 201. Judicial Notice of Adjudicative Facts. (a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
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:
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 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.