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

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2023 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 an 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 an impartial verdict.

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 burden of proof is upon the State of South Carolina to establish guilt by evidence to your satisfaction beyond a reasonable doubt. The State must prove the defendant guilty beyond a reasonable doubt.

By the Constitution and laws of the State of South Carolina, you, the jury, are the sole judges of the facts and evidence in this case. I am not permitted to intimate any opinion that I may have in the case or to show any feeling to you as to what I think about the facts, evidence, or the guilt or innocence of this defendant. I am not permitted to indicate to you how I may feel about the testimony and evidence presented. I tell you now I do not have an opinion in this case nor am I entitled to an opinion under the law.

I have made numerous trial rulings on matters of evidence and law in your presence. Please do not derive any inference from any rulings I have made as to any opinion or feeling that I might have on the facts. I do not have an opinion or a feeling on the facts, but above that, under the Constitution, I am not entitled to an opinion or a feeling on the facts.

In determining what the facts are in this case, you, of necessity, must pass upon the credibility of the witnesses who have testified. You are the sole judges of the credibility of the witnesses who took that witness stand. Credibility in the law means believability. Can I believe this witness? Is this witness credible? The value and weight to be given to their testimony is in your sound discretion. You...