CRM-102 Lecture Notes - Lecture 1: Post Conviction, Trial De Novo, Jury Instructions
4 Jun 2020
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Jury decides the facts of the case but the judge determined the applicable law. Judge instructs jury in how the law should give their decision. Legal requirements necessary to show that the burden of proof has been met. Defenses of excuse or justi cation that may be applicable. May last several hours, days, or longer depending on the nature of the case. Determine whether state had met the burden of proof required by the law. Jurors go from passive phase to active phase. In almost every state and federal courts, jury must be unanimous. Except louisiana, montana, oklahoma, oregon, and texas, permit majority decisions if jury is comprised of 12 persons. Not guilty verdict results in defendant being immediately freed, unless other charges pending. Judge imposed the sentence on the defendant after nding of guilt. Several di erent alternatives: nes restitution, community supervision, period of incarceration. Also known as the appeals process which may begin after conviction.
