Texas Jury Instruction - False Declaration - Before Grand Jury
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FAQ
A grand jury focuses on preliminary criminal matters only and assesses evidence presented by a prosecutor to determine whether there is ?probable cause? to believe an individual committed a crime and should be put on trial.
The court may instruct the jury before or after the arguments are completed, or at both times.
In all criminal trials the Crown must prove each and every essential element beyond a reasonable doubt. The standard of "reasonable doubt" consists of a doubt based on reason and common sense which must be logically based upon the evidence or lack of evidence. It is not based on "sympathy or prejudice."
And for perjury, the statement must be literally false and made with intent to deceive or mislead. In contrast, making false statements applies when people lie to the government regardless of whether it's under oath or not.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
The phrase "beyond a reasonable doubt" means that the evidence presented and the arguments put forward by the prosecution establish the defendant's guilt so clearly that they must be accepted as fact by any rational person.
