North Dakota Grand Jury Instruction

State:
Multi-State
Control #:
US-00883
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Word; 
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Description

This form is a sample jury instruction wherein the court instructs the jury that the Grand Jury's indictment is not evidence of guilt but merely an accusation, and that defendant is presumed innocent. You must ascertain whether this sample instruction complies with the law in your jurisdiction.

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FAQ

29-10.1-19. The grand jury may issue subpoenas or subpoenas duces tecum to any witness within the state. Subpoenas may also be issued by the state's attorney or prosecutor in the manner provided in the statutes or North Dakota Rules of Criminal Procedure.

The jurors meet in a room outside the courtroom to decide whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty. All the jurors must agree on the decision or verdict ? their decision must be unanimous.

You may make the request to be excused when completing the juror qualification questionnaire. If you wish to make the request after you have returned the questionnaire, you must submit a written request for excuse.

The judge instructs the jury that their vote must be unanimous and that, if found guilty, the boy will face the death penalty. Cut to the jury room where the story takes place. An anonymous vote is taken where all the jurors vote guilty, save one...

The trial judge will typically instruct the jury on these topics: instruction on the relevant legal issues, including the charges faced by the accused; an explanation of the theories of each side; a review of the salient facts which support the theories and case of each side;

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.

(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.

In a jury trial, there is no written judgment: the jury simply pronounces the verdict of Guilty or Not Guilty. As a result, the instructions given to the jury by the judge, and the comments the judge makes to the jury, are carefully scrutinized by the Court of Appeal. Errors can result in the case being overturned.

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North Dakota Grand Jury Instruction