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Jurors and potential jurors, polled on what probabilistic level suffices, seem to average out at about 85 certainty, but range from as low as 64 to as high as absolute certainty. It trips the problem that separating juries from legal questions was supposed to fix. But how the doubt analysis proceeds is only helpful if there is agreement about how large or small a reasonable doubt can be. Those definitions are pages upon pages longer than the actual questions they're supposed to answer. Half the questions involve intricate definitions of what the words in the questions mean. The jury is given 30+ questions to resolve, and those questions aren't very "factual" in nature. Now let's really make it fun and try a patent case involving digital technology. This then shows that the persons testimony cannot be relied upon as credible and truthful, and the jury will give that persons testimony much less weight in. The charge is murder in the first degree, and the judge reminds the jurors that they must base their unanimous decision of guilty or not guilty on whether or not there is reasonable doubt in their minds as to the guilt of.
#How to explain reasonable doubt to a jury reddit trial#
I don't believe a jury has ever successfully understood those limiting instructions unless one of the jurors is a trial attorney. Twelve jurors retire to the jury room as a murder trial concludes. The judge gives the jury limiting instructions on what they may use that evidence for and what they may not use it for. They get really messy when there's complicated hearsay or character evidence in the case. The judge may explain how the law will apply to those factual question (that is, 'if you decide that the defendant did x, then the legal outcome will be y so therefore you will be finding him guilty'), but the simplest way to put it is that the jurys decision is only to weigh the evidence and come to a conclusion about what the facts are. Those problems arise even in simple cases like a trespass or DWI trial. And I'm sure prosecutors are well familiar with the juror complaint that they did not prove their case beyond all shadow of a doubt. I've gotten multiple juror questionnaires back where they criticize me, the defense attorney, for not putting on more of a case. They need to understand what the presumption of innocence means, and how the one-way street burden works. The jurors need to understand what reasonable doubt means to come to a proper verdict.
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On July 5, 2011, a 12-member jury filed into an Orlando courtroom to render. The point is that jurors are asked "factual" questions that require advanced understanding of legal concepts.Ī simple example is a criminal trial with the reasonable doubt standard. Several jurors have spoken out in the past seven years to explain why they declared Casey Anthony not guilty of murder.
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