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Rule RCr 9.58 – QuestIons of law

by admin | May 13, 2021 | Criminal Procedure, Kentucky

All questions of law arising during the trial or proceedings shall be decided by the court, and the jury shall be bound to take the decisions of the court on points of law as the law of the case. Ky. R. Crim. P. RCr 9.58Adopted eff. 1-1-63

Rule RCr 9.57 – Deadlocked jury; instruction; polling

by admin | May 13, 2021 | Criminal Procedure, Kentucky

(1) If a jury reports to a court that it is unable to reach a verdict and the court determines further deliberations may be useful, the court shall not give any instruction regarding the desirability of reaching a verdict other than one which contains only the...

Rule RCr 9.56 – Reasonable doubt

by admin | May 13, 2021 | Criminal Procedure, Kentucky

(1) In every case the jury shall be instructed substantially as follows: “The law presumes the defendant to be innocent of a crime, and the indictment shall not be considered as evidence or as having any weight against him or her. You shall find the defendant...

Rule RCr 9.55 – Jury instruction on the disposition of a defendant when the jury is instructed on the absence of criminal responsibility

by admin | May 13, 2021 | Criminal Procedure, Kentucky

On request of either party in a trial by jury of the issue of absence of criminal responsibility for criminal conduct, the court shall instruct the jury at the guilt/innocence phase as to the dispositional provisions applicable to the defendant if the jury returns a...

Rule RCr 9.54 – Instructions

by admin | May 13, 2021 | Criminal Procedure, Kentucky

(1) It shall be the duty of the court to instruct the jury in writing on the law of the case, which instructions shall be read to the jury prior to the closing summations of counsel. These requirements may not be waived except by agreement of both the defense and the...