Kansas 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
In this procedure, ?seized evidence disposal process? means actions taken by Department of Justice (?Department?) agencies to return personal property seized as evidence in a criminal case to its lawful owner once its continued retention and use for official purposes is no longer necessary, or to otherwise legally ...
After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial. Courts employ a four-part test in determining whether to grant a new trial on this basis.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty.
The attorney general?in most states and in most cases, the duty to preserve evidence remains even after a defendant has been convicted. Therefore, the duty applies to a state's Attorney General's office (which typically handles appeals and post-conviction matters).
The judge may or may not order the defendant to be released. Really depends on circumstances involving the mistrial. If the judge is highly upset with the prosecution he may order the defendant to be released, probably with conditions, as the matter has not been settled.
The term "evidence" in a criminal trial involves any form of proof legally presented at trial ? permitted by the judge ? to prove or disprove an alleged fact about the case. Evidence aims to convince the court or jury of the points at issue.