Oklahoma Jury Instructions - Defendant's Failure to Testify
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Article Talk. Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law.
Oklahoma Uniform Jury Instructions (civil & criminal only) are also available on Lexis and Westlaw within the Oklahoma databases.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts. If the jury finds the accused guilty or liable, it is up to the judge to sentence the defendant.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.
The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.
When you receive a summons, you are required to appear at the court described at the time that is listed on the summons. Failure to report can result in contempt charges and the imposition of a fine and/or community service for the length of the trial on which you would have served.