Ohio Grand Jury Instruction

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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

(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.

The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.

If the evidence shows the defendant is not guilty of the degree of crime for which the defendant was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict or finding ingly and shall pass sentence on such verdict or finding as modified.

Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.

In Ohio, a grand jury decides whether the state has good enough reason to bring felony charges against a person alleged to have committed a crime. Felonies are serious crimes ? ranging from murder, rape, other sexual assaults, and kidnapping to drug offenses, robbery, larceny, financial crimes, arson, and many more.

Essentially, the grand jury may disclose matters occurring before it only to the attorneys for the government for use in the performance of their duties, but even attorneys for the government may not be informed of what took place during the grand jury's deliberations and voting.

The law requires twelve (12) jurors to be seated in a criminal case and only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a defendant ?guilty? or ?not guilty? by a unanimous vote.

The Ohio Jury Instructions (OJI) Committee drafts Ohio Jury Instructions for newly enacted legislation and updates existing instructions as needed and required by intervening legal opinions or events.

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Ohio Grand Jury Instruction