Louisiana Jury Instruction - Kidnapping
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FAQ
The judge makes a decision or the jury gives its verdict, based on the testimony and other evidence presented during trial.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the 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.
Model Jury Instruction - A form jury instruction usually approved by a state bar association or similar group regarding matters arising in a typical case. Courts usually accept model jury instructions as authoritative.
Not all circuits have published jury instructions: the Second and Fourth Circuits do not. The United States Court of Appeals for the Federal Circuit is a unique court in that it has nationwide jurisdiction in a variety of subject areas. Appeals are heard by panels comprised of three judges.
Closing arguments are the opportunity for each party to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to their position.
The Crown will give their closing speech by summarising the facts of the case, why the defendant should be found guilty on the indictment and the penalty that they are seeking including any applicable prison time, fines, or probation. Once complete, it is the defence lawyer's turn to rise and conclude their case.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
Sometimes the defendant is allowed to address the court directly after his or her counsel's closing argument. In a criminal law case, the prosecution will restate all the evidence which helps prove each element of the offence.