Chapter Fourteen Instructions and Deliberations of a Jury Chapter Fourteen Instructions and Deliberations of a Jury A jury verdict is a quotient of the

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  • Chapter Fourteen Instructions and Deliberations of a Jury Chapter Fourteen Instructions and Deliberations of a Jury A jury verdict is a quotient of the prejudices of twelve people Kenneth Grub, attorney
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 Allen Charge Charging the Jury Consciousness of Guilt Deliberations Foreperson Hung jury Key terms to understand for this chapter KEY WORDS
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 OBJECTIVES After completing this chapter, you should be able to Explain the judges requirement to instruct the jury on various issues. Discuss the deliberation process. List the duties of the prosecutor and defense counsel in preparing jury instructions. Explain the restrictions on a judges ability to comment on the evidence. List the materials that may be taken into the jurys deliberation room.
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 OBJECTIVES After completing this chapter, you should be able to Discuss the Allen instructions and why a judge would give an Allen charge. Explain the problems involved in less than unanimous verdicts. (cont.)
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 On completion of the closing arguments, the judge instructs the jury on the law applicable to the case. also known as charging the jury or as the charge to the jury Although instructing follows presentation of evidence, the judge has the responsibility of explaining the law to the jury as the trial progresses, for their guidance. Instructions to the Jury Jury being sworn in.
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 During the charge to the jury, the judge will summarize the points of law explained to them during the trial and instruct them on their function as jurors. Instructions to the Jury Pete Freed swears in potential jurors at the Erie County Courthouse.
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 As a general rule, prosecuting and defense attorneys prepare written instructions they wish given to the jury. furnished prior to the closing arguments to the judge, who selects those that appear to be applicable The defendant is entitled to instructions being given on all pertinent evidence, regardless of its importance. failure to give an instruction concerning pertinent evidence could be grounds for reversal of conviction on appeal The judge also has the responsibility of instructing the jury in clear and understandable language. Instructions to the Jury Defense/Prosecution Recommendations
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 Some samples of additional instructions: it is the function of the judge to interpret the law but the jury is the exclusive judge of the facts the jury must determine facts only from the evidence and must also carefully determine the credibility of each witness the jury may not consider any statement stricken from record it is their duty to consult one another and deliberate on a just verdict, to express the individual opinion of each juror In addition to these general instructions, more specific instructions applicable to the case will be included. Instructions to the Jury Defense/Prosecution Recommendations
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 About half of the states prohibit comments by the judge on the evidence and credibility of the witnesses. is believed that such comments are an invasion of the function of the jury A few states & courts grant considerable freedom to a judge to comment, and it has been stated the judge should be a real factor in the administration of justice. and not a mere referee of the adversary system The judge must summarize the evidence in an impartial and instructive manner, but may point out weaknesses in the evidence or question credibility of witnesses. Instructions to the Jury Comments by the Judge
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 If the jury has not been sequestered prior to being given the case, the judge must decide whether or not to do so during deliberations. The jury may decide on the verdict in the courtroom, but in most instances they will retire to some private and convenient place for deliberations. generally referred to as the jury room While deliberating, the jurors will be under the guard of an officer of the court, sworn to keep the jurors together, not permit anyone to speak to them, and not speak to them him/herself except on orders of the court. Deliberations
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 Prior to beginning the deliberation, the jury will select one of their members to act as the forepersontheir leader and spokesperson. During deliberation, no one may be present in the jury room except the jurors. not even the officer in charge of the jury Deliberations Inside the Jury Room Jury foreperson, standing, reading the verdict to the judge.
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 On beginning the deliberation, the jury may take with them any and all documents introduced during the trial. in many jurisdictions, the jury may not take any depositions with them Rules of evidence in most states provide that the jury may take any document, exhibits or physical evidence. A majority of states permit jurors to take notes. at the discretion of judges, who differ in attitudes toward it It is argued that benefits derived from a note-taking during a trial far exceed any detriment suffered. Deliberations Materials Inside the Jury Room
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 How long a jury may deliberate before reaching a verdict will depend largely on the length of the trial. and on how convincing the evidence may have been The jury may decide on a verdict after conferring for a few minutes or they may take days. they may not agree at all, referred to as a hung jury. If this occurs, the jury is discharged, a mistrial may be declared, and the trial restarted with a new jury. Most judges do their utmost to encourage a jury to reach a verdict. Deliberations Length of Deliberations
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 A judge may call the jury back into courtroom from time to time to determine if the foreperson believes a verdict can be reached, and may even inquire about how the jury is numerically split in reaching a verdict. The judge must be circumspect in urging the jury to reach a verdict, and not do or say anything interpreted as a threat or forcing a verdict on the jury. The judge will discharge the jury if the foreperson feels the jury is deadlocked and cannot agree on a verdict. the jury may be asked to further consider the matter, if the majority is for a verdict, and only one or two disagree Deliberations Length of Deliberations
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  • Procedures in the Justice System, Ninth Edition By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey 2010 Pearson Higher Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 In some states, the judge may read to the jury what is referred to as the Allen charge or Allen instruction. called the dynamite charge, its purpose is to blast a jury into action, so they will reach a verdict This charge was originally approved by the Supreme Court in Allen v. US, and portions are noted here: the verdict to which a juror agrees must, of course, be the result of his own convictions and not a mere acquiescence in the conclusion of his/her fellows, you must examine the questions submitted to you with candor and with a proper regard and deference to the opinions of each other. Deliberations Length of Deliberations - A