Judicially noticed facts are treated differently in civil and criminal trials. Explain the difference.
What will be an ideal response?
A criminal jury must be given discretion to accept or reject a judicially noticed fact, or the defendant's Sixth Amendment right to trial by jury will be violated. Judicially noticed facts are treated differently in civil and criminal trials. According to FRE 201(f), "In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive."
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