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Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.
The judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
And the jury can bring a not-guilty verdict; even if the jury believes beyond doubt that defendant did the prohibited act intentionally. ?A jury has a power of lenity and can bring in a not guilty verdict in the teeth of the facts.? In its full form, we call the power: jury nullification.
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.
The California Constitution, as originally adopted in 1849, set out the right to a jury trial in the strongest possible terms: ? '[T]he right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
The court may instruct the jury before or after the arguments are completed, or at both times.
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.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.