South Dakota Jury Instructions - Defendant's Failure to Testify
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FAQ
Juries decide whether a defendant is guilty or not guilty based on whether the prosecutor proved guilt beyond a reasonable doubt.
If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined ... Codified Law 16-13 | South Dakota Legislature sdlegislature.gov ? Statutes sdlegislature.gov ? Statutes
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. U.S. Attorneys | Trial | United States Department of Justice justice.gov ? usao ? justice-101 ? trial justice.gov ? usao ? justice-101 ? trial
The judge in a criminal case tells the jury what the law is. The jury must determine what the true facts are. On that basis the jury has only to determine whether the defendant is guilty or not guilty as to each offense charged.
19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character. Codified Laws - 19 - South Dakota Legislature sdlegislature.gov ? Statutes sdlegislature.gov ? Statutes
Petit Jury Petit juries, also known as trial juries, decide both criminal and civil cases. In a criminal case, a petit jury decides whether the Government has proved beyond a reasonable doubt that the defendant committed the crime as charged.
Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment. Codified Law 16-13-10 | South Dakota Legislature sdlegislature.gov ? Statutes sdlegislature.gov ? Statutes
If the Defendant chooses not to testify the jury may not consider his silence in any way in determining whether he/she is guilty or not guilty.