Jan 07, 2022 · Juries will continue making their decisions on the lives of those placed in their hands on the facts of the cases and within the protection of the law for both defendants and prosecution. The ...
There exists an opportunity for several young energetic lawyers or law firms to create collaborative agreements with law firms who can not or will not employ the resources necessary to try these small and mid level cases before juries. In my opinion, it is the only way insurance companies will begin settling these smaller and mid level cases ...
First, juries are not called upon to explain their verdict in a criminal case. (In civil cases, juries may be asked to answer specific questions about their conclusions.) A criminal case usually results in only one of two verdicts: Guilty or not guilty. (The exception in many states involves a “not guilty by reason of insanity” defense.
Apart from jury selection, this is the lawyers’ first opportunity to speak directly to the jurors. This is a critical part of the trial and should be 1) concise, 2) planned, 3) energetic and 4) organized. Lawyers are given wide latitude in presenting their case in …
After hearing evidence and closing arguments by the prosecutor and defense attorney, jurors in a criminal case listen to instructions from the judge. The instructions are explanations of the law, or the rules, that the jury should use when evaluating whether the government proved its case. For example, in a prosecution for robbery, the judge will explain to the jury that before finding the defendant guilty, it must unanimously agree, beyond a reasonable doubt, that the defendant took something from the person of the victim using force or fear. The judge will typically expand on that rule, explaining how much force or fear is required in order to meet the standard.
Questions For Your Attorney 1 I’m accused of using marijuana in a state that doesn’t allow for recreational use. Is there a chance that if I go to trial, the jury will use nullification and acquit me? 2 How do defense attorneys get the idea of nullification into the jurors’ heads, if they can’t speak of it directly? 3 Do prosecutors ever use (or hope for) jury nullification to defeat a defendant's claim of self defense?
The court’s instructions. Judges routinely admonish the jury to apply the law as explained in the instructions. Specifically, they must find the defendant guilty if they conclude beyond a reasonable doubt that the defendant committed the charged crimes.
Examples of Jury Nullification. Jury nullification has a long history in American law. As far back as 1735, a journal printer was accused of seditious libel for criticizing the British, but a jury ignored the law and acquitted him.