Montana Jury Instruction - False Claims Against The Government
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How to fill out Jury Instruction - False Claims Against The Government?
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FAQ
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 court may instruct the jury before or after the arguments are completed, or at both times.
(2) If a person believes jury service would entail undue hardship for the person or the public served, the person may make and transmit an affidavit to the jury commissioner for which the person is summoned, stating the person's occupation or other facts that the person believes will excuse the person from jury service ...
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.
The phrase "beyond a reasonable doubt" means that the evidence presented and the arguments put forward by the prosecution establish the defendant's guilt so clearly that they must be accepted as fact by any rational person.
In all criminal trials the Crown must prove each and every essential element beyond a reasonable doubt. The standard of "reasonable doubt" consists of a doubt based on reason and common sense which must be logically based upon the evidence or lack of evidence. It is not based on "sympathy or prejudice."