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I am representing myself in a Jury Trial, I was unjustley pulled over and arrested for DWOP which I had taken care of numerous times. I am unable to afford an attorney. But I do have evidence that the incident report, filed by the officer, is inaccurate .
I was ordered by the Judge to have my Jury Instructions filed by the Friday before my trial. what are they? And does anybody have any other advice.

2007-03-20 10:01:36 · 4 answers · asked by Cody A 1 in Politics & Government Law Enforcement & Police

4 answers

Do I have any other advice? Yes. You are in over your head big time. Tell the courts you can't afford an attorney and have one appointed for you.

2007-03-20 10:11:50 · answer #1 · answered by Anonymous · 0 0

I don't know what State you're in, but here, at the back of the Criminal Procedure Law, are suggested Jury Instructions. Some of them are mandatory and most MUST be delivered as written. We simply go there and provide the Judge with the number of the instruction we want delivered.
Prior to them being given to the jury we have a conference and we "tweak" them a little, if requested or required by the circumstances. Both sides must agree.
Try finding this at your Library,or on the Web. If you can't - use common sense. Then defer to the Court to use the usual "no sympathy" type instructions.
I don't know what DWOP is - but I DO know you will NOT be anybody's favorite person that day. Do you even know if you are entitled to a jury? Many driving infractions are handled by the Judge. Suck up to the Judge AND the other attorney and ask for help.
Good luck !!

2007-03-20 17:22:43 · answer #2 · answered by 34th B.G. - USAAF 7 · 0 0

Go to the law library.

Ask the librarian to help you find "model jury instructions" and the statute you are charged under.

Generally, the jury instructions narrow the question that the jury has to decide. It is not a summation, it is not evidence, it is THE most important part of the trial.

For example, say you could get away with "If you decide that the sun rose this morning, you must acquit the Defendant", that would be a great thing, wouldn't it? It won't be that easy, but if you get to tell the jury what it is they are deciding, you have a distinct edge.

Find the model, research the charge against you, think about what you think the deciding FACT of the case is, what "element" of the charge is either missing or unproven.

A good lawyer would have written these before even starting the case. That's how important they are.

2007-03-20 17:10:32 · answer #3 · answered by open4one 7 · 0 0

At the start and close of a trial, the judge issues instructions to the jury that define the relevant law. The standards of proof, the elements of the claims/crimes, legal presumptions, etc.

There are model jury instructions in every jurisdiction that cover the most common aspects of law. Parties can also propose additional jury instructions based on their theory of the case. However, this requires significant legal research, since you need to cite to the appropriate statutes and cases that define the legal principles you want included.

2007-03-20 17:07:42 · answer #4 · answered by coragryph 7 · 2 0

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