Indiana Jury Instruction - Caution - Multiple Defendants - Multiple Counts
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How to fill out Jury Instruction - Caution - Multiple Defendants - Multiple Counts?
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Yes. In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.
Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
PRINCIPLE 3 ? JURIES SHOULD HAVE 12 MEMBERS Juries in criminal cases should consist of: 1. Twelve persons if a penalty of confinement for more than six months may be imposed upon conviction; 2.
[and therefore] require[ ] that [a criminal defendant] should be tried by a jury composed of not less than twelve persons. ); see also Ballew, 435 U.S. at 230 n. 8 (collecting additional cases decided between 1900 and 1930 that made the assumption . . . that the 12-member feature was a constitutional requirement ).
The judge may direct them to deliberate further, usually no more than once or twice. If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury. (Mistrials can happen for other reasons, so when a trial ends in a mistrial, it is not necessarily due to a hung jury.)
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 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.
California is among the majority of courts that has retained 12 jurors in civil and criminal trials.
In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.