In A criminal trial,both prosecution and defence give jury instructions,what if they give........?

Question

different sets of instructions for the same offence. In Washington state,there are not mandatory jury instructions.There are pattern book and the lawers pick each case which they choose to use.In my case they used different sets on the to convict,is this an appealable issue?In keeping with this,I was originaly charged with second degree theft,The jury was hung,six months later I was tried again,this time I was convicted.When the prosecuter filed the second charging document,She charged my with 1 st degree theft.The entire trial was based on 2 nd degree,no one else knew or was aware of the 1 st degree charging,The clerks office said if it is caught now ,the second Degree coviction will be concidered A typo, and the reacord would be changed to first degree coviction.Didn't the prosecution have A duty to prove all element of the charge?If so would this warrent reconcideration?

Answer 1

The Judge gives instruction to jury.

The lawyers are there only to argue the case.

Answer 2

Actually, the attorneys don't give jury instructions to the jury. Both parties submit proposed jury instructions to the judge, who then decides which ones get read to the jury.

And yes, if the indictment is defective, or doesn't match the elements proved, that would potentially be grounds for appeal.

MBH covered the double jeopardy issue very will, and gave a more in depth example of how jury instructions work.

Answer 3

In Washington, they use pattern or model jury instructions. Lawyers and judges adapt and tailor those pattern instructions to fit the needs of their particular case. Both the prosecutor and the defense attorney propose how they believe the Court should instruct the jury as to the law. But ultimately, the Court determines what instructions on the law it will give to the jury. If the Court gave two sets of instructions on one issue (i.e., the Court did not determine the appropriate legal instruction, but instead gave the jury two separate jury instructions on a particular legal issue), this would be legal error.

Double jeopardy is not an issue, because the jury "hung." Jeopardy does not attach to any proceedings resulting in nolle prosequi, mistrial, hung jury, or termination for any other "legally sufficient" reason. Jeopardy does attach if there is an acquittal or conviction.

Answer 4

Neither the prosecution nor the defense give jury instructions! The judge does that!

What was your attorney doing when the prosecutor filed different charges on the case?? Did he or she raise an objection to the charge? If not, there's probably nothing to appeal. A first-year law student would have been all over that one.

Answer 5

regardless of what spectators, judges, or prosecutors imagine or trust, that's largely the jury that could situation a verdict. And the jury considers something it needs to think about, from the regulation and the evidence to their emotional reaction to the trial. For those unfamiliar with Anglo-Saxon/English/US regulation, the jury is the perfect protection for the accused hostile to the means of the state. You had more desirable proper pray that it remains that way because the state has very almost countless means. each people may quicker or later finally end up on trial with our very last wish contained in the fingers of 12 friends. Martin may or may no longer have attacked Zimmerman unprovoked, and threatened his existence. Zimmerman may or may no longer have stalked and killed Martin in chilly blood. Our critiques propose no longer something. The "actuality" means no longer something. The jury will make certain.

Answer 6

Why isn't this considered "Double Jeopardy"? I realize it's different charges, but it's different charges for the same crime, which is what "Double Jeopardy" is all about. I'm baffled about this. Either way, something is fishy and just the suspicion of something weird makes this appeal-able. Write a PS to your post so I could understand the rest of the surrounding circumstances, please Thanks

Answer 7

Actually that would mess it all up