Here's a look at the Judge's instructions to the jury:
You will have list by child with each crime, and a worksheet with each crime and a list of questions you must enter before reaching verdict. Verdict sheet, too.
Instructions on law you must apply - Defense argument first, then prosecution case.
1) The verdict must arise from own independent review of facts and application of law, good common sense, oath you you. We all rely on integrity and good judgment.
2) The defendant is presumed to be innocent. He is assumed to be innocent throughout this trial unless and until you conclude that the Commonwealth has proven to your satisfaction he is guilty beyond reasonable doubt.
The defense is not required to present any evidence or prove anything. Commonwealth has burden.
If they have failed, your verdict must be Not Guilty.
by Shaun Ganley/Staff edited by Shaun Ganley/Staff 7:23 AM
Read more:
http://livewire.wtae.com/Event/Jerry_Sandusky_Trial_2#ixzz1yRDv8RGt
From judge: Reasonable doubt is not an imagined doubt
Not enough that evidence cast doubt on innocence of doubt
.to find guilty, you must be convinced of guilt to same degree
You may not find guilty based on mere suspicion. Must prove beyond reasonable doubt.
You will have to confront question, when does innocent conduct become criminal? Not necessarily a crime to touch a child. Ski coach, wrestling coach demonstrates moves, teacher puts comforting arm around crying child.
Is a crime for man to have oral sex with boy? If you believe the testimony in this case, you may find defendant guilty. But other forms of contact more problematic not necessarily crime to take shower, lather boys hair, shoulders, give back rub. Might just be poor judgment, but not criminal. Not necessarily a crime for adult to make child feel uncomfortable. Intent with which it is done makes it a crime.
Different between family affection from lust. Display of affection not lust. But when performed with sexual motive at expense of child, that is a crime.
Test is not what child felt then or now, critical issue not child feeling uncomfortable. Issue is what the defendant intended
If you decide defendant has engaged in various behaviors, must decide which acts committed to satisfy own sexual behavior. If he did not act out of sexual behavior, no crime, just poor judgment.
Must review each charge was there criminal intent?
Read more:
http://livewire.wtae.com/Event/Jerry_Sandusky_Trial_2#ixzz1yRE1Xahf
