South Dakota Grand Jury Instructions provide legal guidance to grand jurors during the grand jury proceedings in the state of South Dakota. Grand juries play a crucial role in the criminal justice system by determining if there is enough evidence to indict and bring charges against an individual. These instructions ensure that grand jurors understand their role, the legal standards they must apply, and the procedures they should follow. South Dakota Grand Jury Instructions cover a wide range of topics, including but not limited to: 1. Purpose: These instructions explain the purpose of a grand jury, which is to review evidence presented by the prosecutor and decide if there is probable cause to believe that a crime has been committed by a specific individual. 2. Jurisdiction: Grand jury instructions inform jurors about the scope of their jurisdiction, which typically includes felony cases and certain other serious offenses. 3. Legal Standards: These instructions outline the legal standards that grand jurors must use in evaluating evidence. They will include definitions of legal terms such as "probable cause" and "reasonable doubt." 4. Evidence Evaluation: Instructions provide guidance on how grand jurors should evaluate the evidence presented to them. This may involve assessing witness testimony, physical evidence, and any other relevant information. 5. Witness Testimony: Instructions explain how grand jurors should assess the credibility and reliability of witness testimony, including instructions on assessing witness bias and inconsistencies. 6. Presentation of Evidence: These instructions outline the procedures for presenting evidence to the grand jury, including the role of the prosecutor in introducing evidence and calling witnesses. 7. Secrecy and Confidentiality: Grand jury instructions emphasize the importance of maintaining the confidentiality of the grand jury proceedings and the need to keep the matters discussed within the grand jury room confidential. 8. Indictment Decision: Instructions provide guidance on how grand jurors should deliberate and reach a decision regarding whether to issue an indictment. This may include instructions on how to vote, how to weigh the evidence, and the required level of agreement among the jurors. While there may be variations within South Dakota Grand Jury Instructions based on the specific circumstances of each case, there are no designated types of grand jury instructions specifically identified as "different types." The instructions are designed to provide grand jurors with a comprehensive understanding of their duties and responsibilities, ensuring they can carry out their role effectively and fairly in the criminal justice system.
South Dakota Grand Jury Instruction
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The purpose of a jury charge is to "educate the decision-maker so that it will make an informed decision, not to tell the decision-make what decision to make". An instructing judge "must set out in plan and understandable terms the law that the jury must apply when assessing the facts".
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.
A grand jury must consist of not less than eight nor more than eleven persons of the county possessing the qualifications of jurors prescribed by law, and impaneled and sworn to inquire into all crimes or public offenses against laws of this state triable within the county and, if the evidence warrants, present them to ...
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.
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.