Cautionary Instructions-Reminder of Jurors' Duties During Recess is a set of instructions that is given to jurors during a recess in a trial. The instructions serve as a reminder to the jurors that they must not discuss the case with anyone or conduct any independent research into the case. The instructions also remind jurors that they must not form an opinion about the case until all the evidence has been presented and the instructions on the law have been given. There are two types of Cautionary Instructions-Reminder of Jurors' Duties During Recess that can be given. The first type is a general reminder of the jurors' duties and responsibilities during a recess. This type of instruction reminds jurors that they must not discuss the case with anyone or conduct any independent research into the case. The second type is a more detailed instruction that outlines specific conduct that jurors must adhere to during the recess. This type of instruction typically includes reminders that jurors must not communicate about the case via social media, discuss the case with family or friends, or visit any of the locations related to the case.
Cautionary Instructions-Reminder of Jurors' Duties During Recess
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FAQ
A jury instruction is given by the judge to the jury to explain what is happening in the court, to explain the points of law relevant to the case, to explain certain aspects of the evidence presented and to assist the jurors in understanding their duties in reaching a verdict.
That's because most American jurisdictions follow a rule of jury ignorance, meaning that neither judges nor lawyers may tell jurors what punishment a defendant could receive if convicted.
Jury nullification occurs when jurors, based on their own sense of justice, refuse to follow the law and acquit a defendant even when the evidence presented seems to point to an incontrovertible verdict of guilty.
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 cautionary instruction is a direction or guideline that a judge gives to a jury concerning the law of the case. It is usually given to warn the jury about certain evidence or to instruct them not to be influenced by outside factors.
Essentially, with jury nullification, the jury returns a ?not guilty? verdict even if jurors believe beyond a reasonable doubt that the defendant broke the law. This can occur because a not guilty verdict cannot be overturned and jurors are protected regardless of their verdicts.
Some commonly cited historical examples of jury nullification involve jurors refusing to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves or being fugitive slaves themselves, and refusal of American colonial juries to convict a defendant under English law.
Ing to the U.S. Supreme Court, juries have no right to ignore the law when rendering the jury's verdict. However, nullification still occurs in certain cases. With the secrecy of jury deliberations, it can be difficult to determine if a jury nullifies the law, especially in close cases.