Missouri Jury Instructions — Defendant's Failure to Testify Missouri Jury Instructions, also known as MAI-CR, provide guidelines and directions for judges to instruct the jury in criminal cases. One crucial instruction is the Defendant's Failure to Testify, which addresses the defendant's choice not to testify during the trial. This instruction is important in ensuring a fair trial and upholding the defendant's constitutional right to remain silent. When a defendant opts not to testify, the judge may give the following Missouri Jury Instructions related to the defendant's failure to testify: 1. MAI-CR 3d 310.10: Defendant Not Testifying or Producing Evidence — Presumption of Innocence This instruction reminds the jury that the defendant enjoys the presumption of innocence throughout the trial and that the failure to testify should not be seen as evidence of guilt. 2. MAI-CR 3d 310.11: Defendant Not Testifying or Producing Evidence — Reasonable Inference This instruction informs the jury that they may not draw any inference of guilt based solely on the defendant's decision not to testify. They must not speculate or make assumptions from the defendant's silence. 3. MAI-CR 3d 310.12: Defendant Not Testifying or Producing Evidence — Comment This instruction prohibits the prosecution from commenting on the defendant's choice not to testify. It emphasizes that it is the prosecution's burden to prove guilt and that the defendant's silence should play no role in the jury's deliberations. 4. MAI-CR 3d 310.13: Defendant Not Testifying or Producing Evidence — Burden of Proof This instruction reinforces that the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. It reminds the jury that the defendant's failure to testify does not relieve the prosecution from meeting this burden. 5. MAI-CR 3d 310.20: Defendant Not Testifying or Producing Evidence — Weighing Evidence This instruction advises the jury to evaluate the evidence presented during the trial, including witness testimonies and exhibits, regardless of the defendant's decision not to testify. It emphasizes that the jury should base its decision solely on the evidence presented. These Missouri Jury Instructions aim to ensure that the defendant is not unfairly prejudiced by their decision not to testify. They remind the jurors to focus on the strengths and weaknesses of the evidence presented by the prosecution rather than speculating about the defendant's silence. In conclusion, Missouri Jury Instructions — Defendant's Failure to Testify provide essential guidelines for judges to instruct the jury when a defendant chooses not to testify. These instructions reinforce the defendant's right to remain silent, emphasize the presumption of innocence, and prohibit the prosecution from commenting on the defendant's silence. They ensure a fair trial where the jury makes its decision solely based on the evidence presented in court.
Missouri Jury Instructions - Defendant's Failure to Testify
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A person commits the offense of refusal to identify as a witness if, knowing he or she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage, he or she refuses to report or gives a false report of his or her name and present address to a law ...
' The Court holds that upon a defendant's proper request, a state trial judge has a constitutional obligation to instruct the jury that no adverse inference is to be drawn from the defendant's failure to testify.
Savings Statute (RSMo § 516.230) - If a plaintiff files suit within the statute of limitations, and the suit is dismissed without prejudice, the Missouri ?savings statute? permits the plaintiff to re-filewithin one year after the dismissal.
A person "acts with criminal negligence" or is criminally negligent when he or she fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the ...
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 476.120. 476.120. Punishment for contempt. ? Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.
Section 534.120 - Failure to prosecute, nonsuit. 534.120. Failure to prosecute, nonsuit. ? If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.
Section 22(a) Right of trial by jury?qualification of jurors?two-thirds verdict. render a verdict; and that in every criminal case any defendant may, with the assent of the court, waive a jury trial and submit the trial of such case to the court, whose finding shall have the force and effect of a verdict of a jury.
? That the right of trial by jury as heretofore enjoyed shall remain inviolate; provided that a jury for the trial of criminal and civil cases in courts not of record may consist of less than twelve citizens as may be prescribed by law, and a two-thirds majority of such number concurring may render a verdict in all ...