Jury Instruction - Good Faith Duty - Mississippi 2025

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Jury instructions tell the jury what the laws are that govern a particular case. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and gives the one that properly states the law that applies to the case.
The judge issues a judges charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true. Put another way, If you believe A (set of facts), you must find X (verdict).
Necessity legally excuses the crime charged. The defendant must prove necessity by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.
The comparable Judicial Council instruction (CACI No. 202) reads: Direct evidence can prove a fact by itself. For example, if a witness testifies she saw a jet plane flying across the sky, that testimony is direct evidence that a plane flew across the sky.
The comparable Judicial Council instruction (number 202) reads: Some evidence proves a fact directly, such as testimony of a witness who saw a jet plane flying across the sky. Some evidence proves a fact indirectly, such as testimony of a witness who saw only the white trail that jet planes often leave.
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Jurors must be 21 years of age and able to read and write. A juror cannot be a convicted felon, habitual drunkard or common gambler. Additionally, no one who has been convicted of the illegal sale of alcoholic beverages in the previous five years can be a juror.
If the defendant acted in good faith, the jury was obligated to find the defendant not guilty. Acquittal is not optional in such circumstances; it is mandatory, because a finding of good faith precludes a finding of fraudulent intent.

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