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Jury Instruction - Caution - Multiple Defendants - Single Count

Jury Instruction - Caution - Multiple Defendants - Single Count

Name: Jury Instruction - Caution - Multiple Defendants - Single Count
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.87 (234 reviews)

Category:

Federal - Jury Instructions - Basic Criminal Claim Instructions

State:

Multi-State

Control #:

US-11CR-10-3

Format:

Instant download

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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

View A08 Request for Entry of Default Against Defendant

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View A07 Order for Service Upon Defendants by Process Server

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View A10 Entry of Default Against Defendant

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View A11 Plaintiff's Ex Parte Motion for Service Upon Defendants by Publication

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View A13 Order for Service Upon Defendants by Publication

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FAQ

When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a hung jury or it might be said that jurors are deadlocked.In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted.

In 12 percent of single-defendant cases, the jury hung on at least one count, but that figure increased to 27 percent when multiple defendants were tried. As predicted by the researchers, the number of counts affected the likelihood of a hung jury.

If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed. . . . If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence.

There is no limit on the number of times that the prosecution may retry a case in the event of a hung jury. It is up to the prosecution. On one hand, a hung jury might force the prosecution to make a more reasonable plea offer.

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."

There are several ways that a defendant may benefit from a hung jury. First, the government may choose not to have a second trial and may dismiss the case instead. This is only likely to happen if the jury that deadlocked had more votes for not-guilty than guilty.

When this happens and it only takes one juror it's called a hung jury. If the jury is hung on any of the counts, it's considered a mistrial on that count. That means the case can be re-tried on any of the charges on which the jury was hung.

Grand juries are made up of approximately 16-23 members. Their proceedings can only be attended by specific persons. For example, witnesses who are compelled to testify before the grand jury are not allowed to have an attorney present. At least twelve jurors must concur in order to issue an indictment.

Q - Do all the jury members have to agree on the verdict? A - In a criminal trial the jury verdict must be unanimous, that is all 12 jurors must agree.It is up to the Crown to decide whether to apply for a new trial. A jury that cannot agree on a verdict is called a 'hung' jury.

Jury Instruction - Caution - Multiple Defendants - Single Count

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