Search for: "Standard Jury Instructions Criminal Cases"
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14 May 2019, 7:47 am
If you look at the standard jury instructions judges use in court in Florida, those instructions say that this crime requires (1) nudity and/or exposure of sexual organs, (2) in public or viewable from a public place or the property of another person and (3) that the display was (or was intended to be) “vulgar, indecent, lewd, or lascivious” in nature. [read post]
10 Dec 2014, 9:00 am
As California judges instruct juries: “In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. [read post]
5 Mar 2009, 9:46 am
But Dean, who splits his time between Rowayton and Florida, flew up from the Sunshine State this week to try to persuade state lawmakers to impose higher standards for juries to sentence convicted criminals to death. [read post]
3 Nov 2011, 6:32 am
Of course, to those who believe that the criminal law should not be enforced at all, the loss of jury nullification would represent a tragedy. [read post]
20 Oct 2009, 10:21 am
The following New Jersey criminal appeal cases were decided by the New Jersey Superior Court - Appellate Division and the New Jersey Supreme Court in September. [read post]
5 Apr 2017, 9:01 pm
Yet in most cases, criminal defendants convicted after juries were given (likely ineffective) instructions do not have their convictions reversed by a higher court.Beyond the law of evidence, we can look to how the U.S. [read post]
18 Jun 2007, 7:32 am
” Here’s an artful explanation of the ostrich instruction by none other than Seventh Circuit Judge Richard Posner, from the 1990 case U.S. v. [read post]
14 Apr 2014, 5:38 am
The Appellate Court concluded that the defendant had implicitly waived any objection to the jury instructions, and declined to review the defendant’s instructional error claim on appeal. [read post]
3 May 2018, 1:13 pm
In an Appendix to its decision, the SJC set forth model jury instructions on unlawful cultivation of medical marijuana. [read post]
11 Aug 2013, 1:28 pm
An instruction on the said offense can be found in The Standard Jury Instructions in Misdemeanor Cases. [read post]
20 Aug 2019, 7:48 am
The defendant’s burden of proof is “to the jury’s satisfaction,” a standard akin to the preponderance of the evidence. [read post]
8 Apr 2016, 3:18 pm
Review standard. [read post]
22 Jan 2018, 3:17 am
Relying on this additional layer of protection would be unfounded and misguided, because it will not be there when the legal instructions are given to the jury before their deliberations. [read post]
24 Aug 2011, 10:30 am
“Courts must carefully consider identification evidence before it is admitted to weed out unreliable identifications, and that juries must receive thorough instructions tailored to the facts of the case to be able to evaluate the identification evidence they hear,� [read post]
7 Nov 2023, 6:37 am
We see in this case how difficult is it win habeas petitions ever since Congress in the mid-1990s tightened the standards for challenging your state court convictions in federal court. [read post]
9 Dec 2022, 7:44 am
Such challenges could benefit defendants by prompting a judge to instruct a jury to give less weight to such testimony, to strike the testimony related to that evidence altogether, or even to dismiss the case outright. [read post]
10 Nov 2012, 3:12 pm
Additional Resources: • Arizona State Legislature • Arizona State Bar - Jury Instructions for Evidence • United States Supreme Court - Maryland v. [read post]
31 May 2011, 4:44 pm
Unlike criminal trials, the law does not require plaintiffs to prove their case "beyond a reasonable doubt". [read post]
19 Jan 2021, 2:32 pm
A related jury instruction challenge similarly failed: “The jury found, beyond a reasonable doubt, [the defendant] guilty under Count One. [read post]
13 Nov 2007, 7:30 am
An argument is being made that it denies equal protection to adopt the standard in civil cases and not in criminal cases. [read post]
