New York Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
The judge in a criminal case tells the jury what the law is. The jury must determine what the true facts are. On that basis, the jury has only to determine whether the defendant is guilty or not guilty of each offense charged.
What instructions does the judge give to the jury 12 Angry Men? The judge instructs them that if there is any reasonable doubt, the jurors are to return a verdict of not guilty; if found guilty, the defendant will receive a mandatory death sentence via the electric chair. The verdict must be unanimous.
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.
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.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
Thus, to demonstrate a First Amendment violation, a citizen plaintiff must provide evidence showing that ?by his actions [the defendant] deterred or chilled [the plaintiff's] political speech and such deterrence was a substantial or motivating factor in [the defendant's] conduct.? Id.