South Dakota Jury Instruction - Controlled Substances - Death Penalty - Supplemental Instructions - Preliminary Instruction
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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.
S.D. Codified Laws § 23A-3-34. Records relating to misdemeanor offenses can be destroyed by the Bureau of Criminal Statistics 10 years after the date of the final disposition. S.D.
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
If the defendant has been found guilty, the judge may pass sentence immediately. The judge might adjourn the case until reports are made available to the court. They will pass sentence on a different day. The judge will direct the jury about any further attendance or if they are no longer needed.
The role of the Judge is to instruct them as to what the law is surrounding the defendant's actions. The jury must then apply the facts as given to the law and reach a decision on that basis.
(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
Among misdemeanors, Class A or Level One crimes are the most serious, incurring fines and jail time of up to one year in most states. Misdemeanors are crimes that are less serious than felonies, both in their commission and their punishment.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
Class 1 Misdemeanor. This category includes crimes such as first-degree petty theft, unauthorized operation of a vehicle or vessel, and hiring a prostitute. A Class 1 misdemeanor may be punishable by up to one year imprisonment and/or up to $2,000 in fines.
(9) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both.