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A defendant may introduce innocent explanations of conduct that counter accusations of consciousness of guilt, and a "jury should be advised of the limited probative value of 'consciousness of guilt' evidence". [1] The Fifth Amendment to the United States Constitution protects the right against self-incrimination.
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury , and as such are a cornerstone of criminal process in many common law countries .
Jury instructions sometimes make reference to the juror's oath. For example, the Criminal Pattern Jury Instructions developed by the U.S. Court of Appeals for the 10th Circuit for use by U.S. District Courts state: [14] You, as jurors, are the judges of the facts.
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Special counsel Jack Smith blasted a recent order by the judge in the classified documents case against Donald Trump, saying her request for jury instructions is based on a “fundamentally flawed ...
Allen v. United States, 164 U.S. 492 (1896), was a United States Supreme Court case that, among other things, approved the use of a jury instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider. The Court affirmed Alexander Allen's murder conviction, having vacated his two prior convictions for the same crime.
Whether an employer chooses to pay their employee during jury duty or not, California law does state that employers cannot fire an employee who is summoned to serve as a juror and cannot work.
Sandstrom v. Montana, 442 U.S. 510 (1979), is a United States Supreme Court case that reaffirmed the prosecution's burden of proof of the mental element of a crime by striking down a jury instruction that "the law presumes that a person intends the ordinary consequences of his voluntary acts". [1]