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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.
Any juror who fails to appear when summoned may be fined and/or imprisoned for contempt of court. 42 Pa. C.S. § 4584.
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
The Court rarely grants requests to be excused, except for the following reasons: age 70 or older; nursing mother; caregiver for someone incapable of caring for themselves; or adverse medical conditions.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.