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Does a judge instruct a jury as to the law that applies in a case?
Wiki User
∙ 11y ago
No. Where the jury acts, the jury acts as trier of fact only. The court routinely instructs the jury as to principles of law and their application, but the court, not the jury, determines the applicable law and how it is to be applied. In this, the jury has no discretion.
Wiki User
∙ 12y ago
Wiki User
∙ 11y agoYes, this occurs after the case is concluded and just prior to the jury being sent to the jury room to begin their deliberations.
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What is charge to a jury?
The "charge" to a jury is when the judge reads and explains the applicable law to the case the jury has just finished listening to, to aid and instruct them in their deliberation.
What is the judges role in court cases where a jury is invovled?
The judge's role is to determine what the law is and how the law applies to the facts of the case. The jury's job is to determine what the facts of the case are, based on the evidence presented in court.
What is a bench trial?
A "bench trial" is a case heard by a judge without a jury. In a jury case, the jury decides the facts of the case -- what is true and not true -- and the judge decides the law. In a bench trial, the judge determines the facts and the law.
Does jury instructions contain the judge's opinion of the evidence presented?
Jury instructions are presented by the judge to the jury. The judge explains what the laws are that govern the case at hand. Jury instructions define the elements of the charged offense and define the burden of proof. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and then decides which ones properly state the law that applies to the case. She then makes her instruction to the jury. The jurors must accept and follow the law as instructed by the judge and use that instruction in their deliberations as they weigh testimony and evidence presented at the trial. Jury instructions are not evidence.
What is the jury's standard in applying heat of passion defense?
At the completion of the trial the judge will "instruct" the jury in applicable law in effect in that particular state. If the defense raises "heat of passion" as a defense, the judge will instruct the jury of the applicable law which they then MAY consider. What goes on in a jury room is secret and no one will ever know (unless the jurors speak afterward) just WHAT the jury considered.
When can you talk about jury service?
After the case is over and the judge has discharged the jury.
Can the jury decide what the evidence is in a case?
That depends on what "decide what the evidence is" means. The jury does not decide what evidence is admissible in the court; that is up to the judge, and is one of the judge's primary responsibilities. If the attorney for one side or the other thinks evidence should not be admitted, they can make a motion to suppress or exclude it on various grounds, or object during the trial. If the judge decides that the jury should not consider a certain piece of evidence that was introduced, he or she can instruct the jury to disregard it. The jury's only role is to decide whether the defendant is guilty or not (or to find for the plaintiff or the defendant in a civil case).
What may happen if a case reaches court?
If a case reaches court, both sides present their story (or their 'evidence') before a judge or a jury. The outcome is then decided by the judge or jury.
What is a motion to reargue?
A request to the court by the defense (or plaintiff) for a second chance to argue their case before the judge or a jury. It must be submitted BEFORE the judge (or jury) has rendered their verdict in the case.
Should a jury follow a judges instruction in reaching a verdict in a criminal case?
When a judge gives the jury "instructions," what that means is that the judge is "instructing" the jury on the applicable law or laws which the jury must consider in deliberating their decision. The judge is NOT instructing them on how to rule.
Why do you have trial by jury?
It depends on the parties in a case to demand for the Jury Trial. It is the plaintiffs right to demand for the Jury or Judge Trial. If the case is involved trial of a heinous crime or matter of public importance, case will be tried by the Jury.
What is the evidence used to do if a trial has no jury?
If your trial has no jury, then you or your counsel has chosen a "bench trial" whereby the judge will hear the case and render a decision. The evidence is used exactly as if a jury is present, only it, and the entire case, will be presented to the judge instead.
