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Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. [9] The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true. Put another way, "If you ...
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.
A 1969 Fourth Circuit decision, U.S. v. Moylan, affirmed the power of jury nullification but also upheld the power of the court to refuse to permit an instruction to the jury to this effect. [ 26 ] We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and ...
"The instructions likely misled the jury," Serrott wrote in his decision, adding in a footnote that at least four jurors had asked Serrott after the case if Ohio had "stand your ground" laws.
Spisak filed for habeas corpus relief in the District Court for the Northern District of Ohio. First he argued that the jury instructions at the penalty phase of trial unconstitutionally required the jury to consider in mitigation only factors that the jury unanimously found mitigating (violating Mills v. Maryland, 1988). [4]
(The Center Square) – Attorneys are expected to discuss jury instructions Thursday at the federal corruption trial of former Illinois House Speaker Michael Madigan in Chicago. Judge John Robert ...
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.
If, after that instruction, the jury still can't reach a verdict, the judge would have the option to deem the panel hopelessly deadlocked and declare a mistrial. ___
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