New Jersey Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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FAQ
In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.
Beyond a reasonable doubt: In a criminal case, the accused's guilt must be established "beyond a reasonable doubt." Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true.
Standard of proof In most civil cases, the judge or jury has to make a decision about which side wins based on a standard called ?preponderance of the evidence.? This means that, if you win, your side of the story is more likely than not.
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.
In a civil case, a petit jury decides whether the plaintiff establishes with evidence that is more likely than not, known in legal terms as preponderance of the evidence, that the defendant injured the plaintiff in some way that requires appropriate compensation.
The difference is this: to act knowingly is to act with knowledge of what one is doing, that is, to act with the intent to do the act that is proscribed by the law. To act willfully requires that the defendant act with knowledge of what the law proscribes and to act in violation of the law, knowing that he is doing so.
In a criminal case, the burden of proof must be beyond a reasonable doubt. In civil cases, the burden of proof is by a preponderance of the evidence. The judge will explain what these terms mean for a given case in the jury instructions.
The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty ?beyond a reasonable doubt,? which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.