South Carolina Jury Instructions - Defendant's Failure to Testify
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How to fill out Jury Instructions - Defendant's Failure To Testify?
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FAQ
The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.
Who may be exempted from jury service? You have the choice to serve or not serve if you are over sixty-five years old, or if you were inadvertently summoned after having served within the past three calendar years as a circuit court juror.
South Carolina's thirteenth juror doctrine is so named because it entitles the trial judge to sit, in essence, as the thirteenth juror when he finds "the evidence does not justify the verdict," and then to grant a new trial based solely "upon the facts." Id.
Employers do not have to compensate an employee for time spent on jury duty. See Compensation During Leave. South Carolina law protects an employee's job when the employee serves on a jury.
Persons who are not a resident of the county for which they have been summoned. Persons who cannot cannot read, write, speak, or understand the English language. Persons who have less than a sixth grade education or its equivalent. A mental or physical condition prevents them from serving as a juror.
Excuse requests must be submitted online or in writing once a person is summoned. The following individuals may be excused from jury service: Persons over 70 years of age. Persons who have served as a grand or petit juror in Federal Court within the past two years.
This is done through a SC Rules of Criminal Procedure Rule 5 Motion and/or a Brady vs. Maryland motion. A Rule 5 request specifically requires the State to produce: (A) Statement(s) of Defendant, (B) Defendant's Prior Record, (C) Documents and Tangible Objects, (D) Reports of Examinations and Tests.
Persons 65 years of age or older who wish to be excused. The primary caretaker of a disabled person or a person age 65 or older who cannot care for himself. Persons with legal custody and duty of care of a child under the age of seven and who cannot provide adequate childcare while serving as a juror.
