Criminal Trials

ORS 136.320
Function of jury

  • jury to receive law as laid down by court

Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310 (Function of court), shall be decided by the jury, and all evidence thereon addressed to it.

Notes of Decisions

Use of a charge to a deadlocked jury, urging it to make a decision, is not approved. State v. Marsh, 260 Or 416, 490 P2d 491 (1971), cert. denied, 406 US 974

Concepts of “intent” and “knowledge” are distinct under ORS 161.085 and instruction worded in terms of intent should not be given in prosecution for crime where indictment alleges knowledge. State v. Francis, 284 Or 621, 588 P2d 611 (1978)

Trial court is authorized to have jury determine whether state has proven existence of sentence enhancing factors. State v. Upton, 339 Or 673, 125 P3d 713 (2005)

Source

Last accessed
Mar. 11, 2023

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