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When a jury trial begins, the judge will issue an opening instruction, said Tulsa criminal defense attorney Stephen Cale. If you are looking for the best criminal defense attorney, call the Cale law office at 918-277-4800. Your initial consultation is free.
At the start of the case, the judge will read the following instruction. You have been selected and sworn as a jury to try the case. The defendant is charged with a certain crime by way of an information filed by the state. The information in the case is the formal method of accusing the defendant of the crime are crimes. The information is not evidence. Further, the law is that the jury should not allow itself to be influenced is the defendant because of the filing of the charge. The defendant has pled not guilty. A plea of not guilty puts an issue each element of the crime for which the defendant is charged. A plea of not guilty requires the state to prove each element of the crime beyond ours mold out.
The defendant is presumed innocent of the charge, said Tulsa criminal defense attorney Stephen Cale. That presumption continues unless after consideration of all the evidence the jury is convinced of that person’s guilt beyond there’s mold out. The state has the burden of presenting evidence that establishes guilt beyond a result out. The defendant must be found not guilty unless the state produces evidence that convinces the jury beyond a result out each element of the crime.
Evidence his testimony received from witnesses under of, stipulations as the fact made by the attorneys, and exhibits admitted into evidence during the trial. Is the jury’s responsibility to determine the facts from the evidence, to follow the law as stated in the instructions from the judge, and to reach a verdict of not guilty or guilty based upon the evidence further if the jury finds the defendant guilty it must determine punishment.
A judge will further instruct the jurors of their duty. It is the jury’s responsibility to determine the credibility of each witness and the weight to be given to the testimony of the witness. In order to make that determination, the jury may consider the overall reaction of the witness while testifying, the witnesses frankness or lack of frankness, his or her interest and bias, the means and opportunity the witness had to know the facts about which he or she testified, and the reasonableness or unreasonableness of his testimony in light of all the evidence in the case. It jurors not required to believe the testimony of any witness simply because the witness is under oath. A juror may believe or disbelieve all or part of the testimony of any witness. It is the duty of the jury to determine what testimonies were a belief in what testimony is not.
If the judge’s responsibility to ensure the evidence is presented according to the law, to instruct the jury on what the law is, and to roll upon objections raised by the attorneys. No statement or ruling by the judge is intended to indicate any opinion concerning the facts or evidence. Is the responsibility of the attorneys to present evidence, to examine and cross-examine witnesses, and to argue the evidence. No statement or argument of the attorneys as evidence.
From time to time during the trial, the attorneys may raise objections. When an objection is made, the jury should not speculate on the reason why it was made. If an objection is approved or sustained by the judge, the jury should not speculate on what might have occurred or what might not have been said had the objection not been sustained.
Throughout the trial, each juror should remain alert and attentive. A juror should not form or express an opinion on the case until it is submitted to the jury for its decision. Jurors cannot discuss the case among themselves until the case is ready for their deliberation. Jurors cannot tell you about the case, discuss the case with anyone else, or permit anyone else to discuss the case in their presence. If anyone attempts to discuss the case with a juror, then they should report the matter to the judge or the bailiff immediately.
The case must be decided solely upon the evidence presented to the jury in the courtroom and be free from any outside influence. This means that during the trial jurors must not conduct any independent research about the case, the matters in the case, the individuals, witnesses, attorneys, or organizations in the case. In other words, a juror should not consult any materials, search the Internet, or use electronic means to obtain information about the case or to help them decide the case. Further, the jury should not read this but reports or obtain information from any other source about the trial or the issues concerning the trial. At the opening of the case that attorney from the state will read the information, the plea of the defendant, and given opening statement. Then the attorney for the defendant may give an opening statement after the attorney for the state has, or he may reserve opening statement until the conclusion of the evidence by the state. Opening statements are not evidence. Instead, they serve as guides so that the jury may better understand and evaluate the evidence when it is presented.
Following opening statements, witnesses are called to testify. Witnesses are sworn and then examined and cross-examined by the attorneys. Exhibits may also be introduced into evidence.
After evidence is completed, the judge will instruct the jury on the law that applies to the case. The attorneys are then permitted to do closing arguments. Closing arguments are not evidence. Instead, they are allowed for persuasion purposes. When closing arguments are completed, the case will be submitted to the jury to consider its verdict.
The defendant has the right to represent himself and not use and attorney. The defendant’s decision to do so cannot affect juries decision on whether not the defendant is guilty or not guilty. Often times a judge will appoint an attorney to assist the defendant as a standby counsel. However, if you are looking for the best Tulsa criminal defense attorney, then call Stephen Cale at 918-277-4800.