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Final Jury Instructions

Final Jury Instructions

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Published by: cristianpenna on Dec 08, 2011
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07/22/2014

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III. FINAL JURY INSTRUCTIONS
JUSTICE ROBERT J. SMITH
RE: charges against Errol NewtonDUTIES OF JURORS
INTRODUCTION
[1]You will soon leave this courtroom and start discussing this case in your juryroom. It is time for me to tell you about the law you must follow in making your decision.[2]When we started this case, and at different times during the trial, I told you aboutseveral rules of law that apply in general, or to some of the evidence as it was received.Those instructions still apply.[3]Now I am going to give you some more instructions. These instructions will covea number of topics. Consider them as a whole. Do not single out some as more importantand pay less or no attention to others. All are equally important, unless I tell youotherwise.[4]First, I will explain your duties as jurors, and tell you about the general rules of law that apply to all jury cases.
(OSJI)(CRIM)- 1 -
 
[5]Second, I will advise you of the specific rules of law that govern this case and theevidence that you have heard.[6]Next, I will explain what Crown counsel must prove beyond a reasonable doubt toestablish the guilt of the person charged, and tell you about the defences and other issuesthat arise on the evidence you have heard.[7]Then, I will discuss the issues that you need to decide and review for you theevidence that relates to those issues. By doing this, I hope I can help you recall theevidence and understand how it relates to the issues that you will be asked to decide. Youmust always keep in mind, however, that to decide this case, you rely on what
 you
remember the evidence was,
not 
what counsel or I say it was.[8]After that, I will briefly summarize the positions that counsel have put forward intheir closing addresses.[9]Finally, I will explain what verdicts you may return and how you should approachyour discussion of the case in your jury room.[10]It is important that you listen very carefully to all these instructions. I am givingthem to help you make a decision, not to tell you what decision to make.
(OSJI)(CRIM)- 2 -
 
DUTIES OF JUDGE AND JURY
[1]In every criminal jury trial, there are two judges. I am one. You are the other.[2]As judge of the law, it is my duty to preside over the trial. I decide what evidencethe law permits you to hear and consider, and what procedure we will follow in the case.At the end of the evidence and addresses, it is my job to explain to you the rules of lawthat you must follow and apply to make your decision.[3]As judges of the facts, your first duty is to decide what are the facts in this case.You make that decision from
all 
the evidence given during the trial. There will be nomore evidence. You consider nothing else. You are entitled to come to common senseconclusions based on the evidence that you accept. You must
not 
speculate, however,about what evidence there might have been or permit yourselves to guess or make uptheories without evidence to support them.[4]Deciding the facts is your job,
not 
mine. Our law does permit me to comment or express opinions about issues of fact. If I do that, however, you do
not 
have to agree withme. You, not I, decide what happened in this case.
(OSJI)(CRIM)- 3 -

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