- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Criminal Jury Instructions, Deliberation, Verdicts And Outcomes
To understand jury verdicts, we must also understand jury instructions. Jury instructions are the formal written directives the judge will use to inform the jury of the law in the case and the many rules on what the jury can and cannot do in reaching their verdict.
Reading the instructions to the jury, also known as “charging the jury,” is a critical phase of the criminal jury trial and can take many hours to complete.
Court Reading of Jury Instructions
In criminal trials, following closing arguments of counsel, the common practice is for the judge to instruct the jury on the legal elements the prosecutor must prove for the jury to reach their verdict.
The federal government publishes its own jury instructions. Most states have modeled their jury instructions on the federal model with state-tailored modifications incorporating state laws.
It is common practice for the judge to select and read from the actual jury instructions, including any specially modified jury instructions submitted by counsel and approved by the judge.
Federal Criminal Jury Instructions
The federal volumes of criminal jury trial instructions are the Modern Federal Jury Instructions (MFJI). They include seven volumes covering an elaborate and complete set of criminal jury instructions relating to all triable federal crimes.
The MFJI also includes statutes and case annotations related to each jury instruction. The volumes provide extensive guidance under what factual and legal circumstances a given jury instruction should be used at trial.
Depending on the case’s complexity, the number of jury instructions a federal court may use can quickly add up to hundred-plus pages. The judge, however, will select and read only those relevant jury instructions to the case, which will best inform the jury on how to proceed in their deliberations.
The Beyond a Reasonable Doubt Jury Instruction
The Supreme Court has repeatedly held that the U.S. Constitution protects the defendant against conviction unless the prosecutor can prove their case beyond a reasonable doubt.
This rule also applies to the states. Therefore, the jury’s instruction on reasonable doubt must be read at the conclusion of every jury trial. No exceptions. No modifications.
Some Court Have Imposed Their Own Bias
Notwithstanding, some courts have tried to deviate from the strict and literal meaning of the instruction in ways that can impact the outcome of a jury’s verdict.
After giving the instruction requiring proof beyond a reasonable doubt, some courts decided to add to that instruction, weakening the reasonable doubt instruction. For example, courts have been known to add language instructing jurors to “determine for themselves what they believe to be the truth of the matter before them and to act accordingly….”
After instructing jurors on the meaning of beyond a reasonable doubt, the misguided courts then contradicted themselves by suggesting jurors not search for reasonable doubt but rather search for the truth.
In this way, the objective standard of guilt beyond a reasonable doubt gets replaced by a juror’s subjective determination of what they believe to be the truth.
Jury Deliberations & Announcement of the Verdict
After being instructed on the law, the jury is ordered to deliberate until they reach a unanimous verdict. If the jury has a question during their deliberation, they will be asked to write a note to the judge, which will then be read aloud in the presence of the prosecutor, defense lawyer, and the accused. The note and its response will become part of the official and permanent record of the case should the matter be later appealed.
Possible Verdict Outcomes
Jury Deadlocked – Hung Jury – Mistrial
If the jury cannot reach a unanimous verdict, the judge will usually send the jury back into deliberation numerous times until they reach a verdict. If the jury is determined to be hopelessly deadlocked, especially in the case of a split jury, the court will declare a mistrial, and the jury will be thanked and excused from further jury service. The court will then set a new trial date for the retrial of the case.
Verdict of Not Guilty
Assuming the jury can reach a unanimous decision, the judge is notified, and the jury and parties are ordered back into court for the reading of the verdict.
If the jury finds the defendant not guilty, the defendant is immediately released from custody.
The government is barred from appealing the verdict based on the law against double jeopardy, which prohibits trying the defendant twice for the same offense.
Verdict of Guilty
If the verdict is one of guilt, the judge will usually set a date for sentencing. During sentencing, the court may consider U. S. Sentencing Commission Guidelines, the evidence produced at trial, and relevant information the defense and prosecution provide.
Post-Trial Motions
If the defendant is convicted, defense counsel will likely make the following post-trial motions:
Motion For New Trial – Rarely Granted
The motion for a new trial is based on the argument that an error of law occurred during the trial and the error could not be cured and that the guilty verdict should be vacated and a new trial set.
Judges have been proven notorious for not wanting to admit they allowed an error of law to occur in their court. Notwithstanding, a court may grant such a motion if the interest of justice so requires.
Motion for Judgment of Acquittal
Similar to the ruling of Judgement Notwithstanding Verdict (JNOV) in civil cases, in criminal matters, a court may set aside the jury’s verdict and replace the verdict with its own. This can happen when the court concludes that no reasonable jury could make such a finding from the evidence presented in the case.
Motion to Vacate Verdict
In most states, the grounds may include claims for release from custody by a defendant on the grounds that the sentence imposed against the defendant violated the laws of the United States. Specifically, that the court lacked jurisdiction to impose the sentence, or that the sentence exceeded the maximum authorized by law, or that the plea was found to be coerced and, therefore, involuntary.
Sentencing
A sentence may include a prison term, fines, and restitution to the victims of the crime. If a probation term is granted as part of the sentence, it will be the job of probation enforcement to supervise and ensure the offender complies with the terms and conditions of probation.
Criminal Defense Lawyer Consul
Should you have specific questions or require additional information about your legal rights we strongly advise you to consult with a verified online Criminal Defense Lawyer about your issues as soon as possible.
