Michigan Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue is an essential instruction given to a jury during a trial in Michigan when both the plaintiff and defendant are claiming damages or when damages are not an issue. In cases where both parties are seeking damages, the jury is instructed on their duty to carefully deliberate and assess the evidence presented by both sides. They must analyze the arguments, testimonies, and any other relevant evidence to determine the extent of the damages suffered by each party. The jury's responsibility here is to objectively evaluate the evidence and come to a fair decision based on the facts presented. When damages are not an issue in a case, this instruction emphasizes that the jury should not focus their deliberations solely on the amount of damages, but rather on the liability and fault of the parties involved. The jury's role is to determine if the defendant is liable for the plaintiff's injuries, negligence, or any other wrongdoing, regardless of the extent of damages claimed. By providing this instruction, the court ensures that the jury understands its duty to impartially examine the evidence, consider the relevant legal principles, and come to a reasoned decision. It reminds the jury not to be unduly swayed by emotional appeals or distractions that may divert their attention from the core issues at hand. Different types of similar instructions may be given depending on the specific circumstances of the case. These variations may arise when there are multiple plaintiffs or defendants, when the damages claimed are of different types (e.g., economic damages, non-economic damages), or when there are additional legal complexities involved. However, Michigan Jury Instruction — 7.2 generally covers the core principles of the duty to deliberate when both plaintiff and defendant claim damages or when damages are not an issue. Overall, this instruction plays a crucial role in guiding the jury during their deliberations, ensuring that they remain focused on the central issues of the case and reach a fair verdict based on the evidence presented rather than being unduly influenced by the damages claimed.
Michigan Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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The instructions are intended to describe trial procedures and duties in a manner that makes the legal process comprehensible to jurors, and to correctly state the law so that the jurors can apply it to the facts as they determine them to be.
After a Hung Jury, the just will declare a mistrial and a new trial will be set. The prosecution has several options in this situation: Retrial: The prosecution may decide to retry the case. This is often the most common outcome after a hung jury.
(3)?Here is your oath: ?Each of you do solemnly swear (or affirm) that, in this action now before the court, you will justly decide the questions submitted to you, that, unless you are discharged by the court from further deliberation, you will render a true verdict, and that you will render your verdict only on the ...
In some cases, the defense may benefit from a hung jury if it suggests that the evidence against the defendant is not strong enough to convince all 12 jurors of their guilt. On the other hand, the prosecution may benefit from a hung jury if it suggests that the case is still strong enough to pursue a retrial.
The judge may direct them to deliberate further, usually no more than once or twice. This direction is most commonly known as an Allen charge. If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.
To begin, the Secretary of State sends a random list of licensed drivers and people with state IDs to the jury board. Potential jurors receive a questionnaire and jury summons by mail. Those who qualify become part of the jury pool. On the date they are assigned to serve, members of the jury pool go to court.
Juries that hung reported more trouble remembering the evidence and law, less thorough discussions of the evidence during deliberations, more conflict among the jurors and more domination by one or two jurors, and a larger presence of unreasonable people on the jury.
A mistrial, in essence, temporarily leaves the case in limbo until decisions can be made about how and when to move forward. Depending on what prompted the mistrial, most cases will be retried again at a later date. This can benefit the defense.