Louisiana Jury Instructions - Defendant's Failure to Testify
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Louisiana Laws - Louisiana State Legislature. A. (1) Except as provided in Subparagraph (2) of this Paragraph, a party may obtain a trial by jury by filing a pleading demanding a trial by jury and a bond in the amount and within the time set by the court pursuant to Article 1734.
Laws against jury tampering vary from state to state, but most states, and the federal government, consider jury tampering to be a felony offense. A felony is a crime that is punishable by at least one year or more of prison time, and in many states up to and including the death penalty.
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 a juror has been influenced by outside information as a result of jury tampering, juror misconduct, or simple mistake, then the judge might declare a mistrial and grant the defendant a new trial.
Jurors are prohibited from any conduct that would interfere with ensuring a fair and impartial trial, such as having contact with the parties, talking with other people about the case, or allowing outside information or evidence to influence the jury's decision.
When further deliberation clearly will be unproductive, the judge will declare a mistrial. The prosecution may or may not retry the case in the future, but the law has at least been nullified in the trial at hand.
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.
Two recent studies have found that jurors are in fact unable to disregard inadmissible evidence even when they are instructed to do so and are willing to do so. Often the judge's order to disregard the evidence may actually make matters worse by reinforcing the evidence's biasing effects.