§ 1-1 General Instructions - Basic Charge (given at Conclusion of Trial)

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 1-1 General Instructions - Basic Charge (Given at Conclusion of Trial)

Members of the jury, please turn and face me and give me your attention. It is now that time in the trial of this case when I instruct you, or charge you, the law as it applies to the facts as you find them to be.

The word "juror" comes from Latin. The word means an "oath person." A juror is a person taking a solemn oath to bring their best talents and capabilities to the task of rendering a fair and impartial verdict. Your oath designates you as an official of the court. This oath is commensurate with the oath taken by the judge. The judge and jury blend their duties and responsibilities so as to achieve a fair and impartial verdict.

The word "verdict" emanates from Latin. The word "verdict" comes from two Latin root words: (1) verus, which means "absolute, pure truth;" and (2) dicto, which means "to speak." The two Latin root words are combined—the word "verdict" means "to speak the truth." Under your oath as a juror, the verdict in this case must speak the truth.

The State of South Carolina charges the defendant with [insert charge(s) here]. That is the pending charge contained in this indictment. This indictment is not evidence and does not prove anything in the case. The indictment is simply the charging paper used to bring the matter for court action.

To this indictment and to any charge, this defendant has pled not guilty. That plea of not guilty places the burden of proof upon the State of South Carolina to prove the defendant guilty beyond a reasonable doubt. The defendant is presumed to be innocent unless and until the State has established guilt beyond a reasonable doubt. A person charged with committing a criminal offense in South Carolina is never required to prove himself innocent.

It is a vital, important rule of the law that the defendant in a criminal trial, no matter how grave or serious may be the offense with which he is charged, must always be presumed innocent, unless and until his guilt has been proven beyond a reasonable doubt. This presumption of innocence is legal proof of innocence. This presumption of innocence remains with the defendant at all times from the moment of his arrest, throughout the trial proceeding, and goes into your jury room and remains with the defendant even then unless and until you, the jury, reach a verdict of guilty based on evidence which the State has presented satisfying you of the defendant's guilt beyond a reasonable doubt.

The...