South Carolina Jury Instructions — Defendant's Failure to Testify: In South Carolina, the court provides jury instructions regarding a defendant's failure to testify in criminal trials. These instructions are essential in ensuring a fair trial and informing the jury about their role in evaluating the evidence. The instructions aim to prevent the jury from drawing negative inferences or presumptions about a defendant's guilt based solely on their decision not to testify. Here are some relevant keywords and types of instructions related to South Carolina Jury Instructions — Defendant's Failure to Testify: 1. Defendant's Right to Remain Silent: This type of instruction emphasizes the defendant's fundamental right to remain silent and not present any evidence against oneself. It clarifies that the jury must not consider the defendant's silence as an admission of guilt, and that the prosecution bears the burden of proving guilt beyond a reasonable doubt. 2. Presumption of Innocence: This instruction reminds the jury that the defendant is presumed innocent until proven guilty. It emphasizes that the burden of proof lies solely with the prosecution, and it cannot be shifted onto the defendant by their decision to withhold testimony. 3. No Inference of Guilt: This instruction prohibits the jury from inferring the defendant's guilt solely due to their failure to testify. It reinforces that the prosecution's case must stand on its own merits, and any reasonable doubt must be resolved in favor of the defendant. 4. Jury's Duty to Evaluate Evidence: This instruction guides the jury on their duty to evaluate the evidence presented during the trial, independent of the defendant's decision not to testify. It emphasizes that the jury must rely on the evidence presented by both the prosecution and the defense in reaching a fair and impartial verdict. 5. Witness Testimony Considerations: This instruction cautions the jury against drawing negative inferences from the absence of the defendant's testimony. It highlights that the jury cannot use the defendant's silence to judge the credibility or truthfulness of other witness testimonies. 6. Mental State Clarification: This instruction clarifies that the defendant's decision not to testify should not be seen as an indication of their mental state or consciousness of guilt. It reminds the jury that there can be numerous valid reasons for a defendant to choose not to testify, such as protecting their constitutional rights or relying on the defense's ability to cast doubt on the prosecution's case. It is crucial for jurors to receive proper instructions to ensure they make unbiased and fair decisions based on the evidence presented, rather than holding a defendant's choice not to testify against them. The South Carolina Jury Instructions concerning a defendant's failure to testify help guide the jury in understanding their role and responsibilities in achieving justice.
South Carolina Jury Instructions - Defendant's Failure to Testify
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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.