Oregon Jury Instruction - Deprivation Of Civil Rights - Without Bodily Injury, Kidnapping Sexual Assault Or Death
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FAQ
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
During trial, the court may need to give the jury limiting instructions, advising the jury that evidence is being admitted only for a limited purpose. Or the court may give the jury a curative instruction to correct some error during trial.
A curative instruction is a direction given by a judge to a jury to correct an erroneous instruction. It is intended to fix any mistakes made during the trial and ensure that the jury has the correct information to make their decision.
For decades, Oregon allowed juries to convict people of felony crimes based on non-unanimous jury verdicts (for example 10 jurors agree to convict while 2 jurors vote to acquit). In 2020 the United States Supreme Court took up the constitutionality of non-unanimous jury verdicts in Ramos v.
The right to a trial by jury in certain cases is guaranteed by our constitution. Any person who is entitled to a jury trial is entitled to a jury that represents the whole community. It is important that a fair cross section of our county's population is represented on the jury panel to prevent discrimination or bias.
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.
A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c). (b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members.
A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted.
When a six-person jury is used in Oregon, all six jurors must agree on the verdict.
For example, if a witness testifies that the defendant has a criminal record, the judge may give a limiting instruction to the jury that they can only consider this evidence to determine the defendant's credibility as a witness and not to conclude that the defendant is guilty of the crime they are currently on trial ...