Oregon Jury Instructions — Defendant's Failure to Testify are legal instructions provided to the jury in a criminal trial in the state of Oregon when a defendant chooses not to testify. These instructions clarify the defendant's right to remain silent and the fact that their decision not to testify must not be considered as evidence of guilt. Here are some relevant keywords to be included in the content: Oregon jury instructions, defendant's failure to testify, criminal trial, remain silent, evidence of guilt. There are two types of Oregon Jury Instructions — Defendant's Failure to Testify that are commonly given: 1. General Instruction: This instruction informs the jury about the defendant's constitutional right to remain silent. It emphasizes that the prosecution's burden of proof remains unchanged, and the defendant's decision not to testify should not be used as evidence against them. The instruction reinforces the principle that every accused individual has the right to choose whether to testify or not. 2. Selective Instruction: In certain cases, when the defense strategy or specific circumstances warrant it, the defense attorney may request a selective instruction. This instruction is tailored to address the specific concerns or issues related to the defendant's decision not to testify. It provides additional clarification to the jury regarding the defendant's silence and ensures that the jury does not infer guilt from the defendant's absence on the witness stand. Overall, these Oregon Jury Instructions — Defendant's Failure to Testify play a vital role in upholding the defendant's constitutional rights and ensuring a fair trial. They help prevent any prejudice or bias that may arise from a defendant's decision to remain silent and stress the importance of basing a verdict solely on the evidence presented by the prosecution. It is important for jurors to understand that the defendant's silence should not be interpreted as an admission of guilt but rather as an exercise of their fundamental right to remain silent during the trial. By following these instructions, the jurors can reach a fair and unbiased decision based on the evidence presented and properly weigh the prosecution's case without drawing any negative inferences from the defendant's choice not to testify.
Oregon Jury Instructions - Defendant's Failure to Testify
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' The Court holds that upon a defendant's proper request, a state trial judge has a constitutional obligation to instruct the jury that no adverse inference is to be drawn from the defendant's failure to testify.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. 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.
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.
The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim.
There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
A hung jury is when the jurors in a criminal or civil trial cannot reach an agreement as to the verdict. Most jurisdictions require a unanimous jury decision for verdicts. This means all jurors have to agree on guilt or innocence to render a trial complete.