Virgin Islands Jury Instructions - Defendant's Failure to Testify
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FAQ
The current work has provided valuable data on how often jurors hang and whether, as some commentators con- tend, jurors hang due to illegitimate reasons. We know that, on average, state court jurisdictions have hung jury rates of about 6.2 percent.
A hung jury is when the jurors in a criminal or civil trial cannot reach an agreement as to the verdict. Most jurisdictions require a unanimous jury decision for verdicts. This means all jurors have to agree on guilt or innocence to render a trial complete.
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.
' The Court holds that upon a defendant's proper request, a state trial judge has a constitutional obligation to instruct the jury that no adverse inference is to be drawn from the defendant's failure to testify.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
If the jury stays deadlocked, whether 9-3, 8-4, 6-6, 11-1, and there is no way the jurors will come to a verdict, then we have a hung jury. A hung jury is typically a win for the defense even though the case starts all over (this is true for many reasons I can explain if you are interested).
In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.
Some jurisdictions permit the court to give the jury a so-called Allen charge, inviting the dissenting jurors to re-examine their opinions, as a last-ditch effort to prevent the jury from hanging. The Federal Rules of Criminal Procedure state, "The verdict must be unanimous. ...
