Search for: "Standard Jury Instructions-Criminal Cases"
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5 Jul 2007, 2:26 am
This gave the jury little basis for sympathy. [read post]
22 Dec 2020, 8:34 am
As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
29 Nov 2011, 2:20 pm
In spite of statistics showing that eyewitness misidentification is the most common element in all wrongful convictions later overturned by DNA evidence, witness testimony has remained a gold standard of the criminal justice system, according to The New York Times.For the first time in three decades, the validity of using eyewitness testimony has come under review by the Supreme Court in a case involving a New Hampshire man who was convicted of theft based on the… [read post]
20 Sep 2022, 7:56 am
On appeal, the Fourth Circuit vacated and remanded with instructions to dismiss for lack of jurisdiction. [read post]
8 Nov 2012, 8:00 am
Here are the highlights: Ensure that you include in your Statement of the Case any facts that relate to factual issues you may be presenting in the argument section of the brief; Watch out when dealing with the standard jury instructions – objections should still be made if necessary; After objecting to a standard jury instruction, also propose an alternative; An objection to a standard jury… [read post]
13 May 2012, 5:52 pm
Three bedrock principles in every criminal case are the presumption of innocence, the burden of proof, and the standard of proof beyond a reasonable doubt. [read post]
30 Oct 2012, 11:30 am
If the prosecutor fails to prove every element beyond a reasonable doubt, the jury will be instructed to make a finding of ‘not guilty. [read post]
8 Apr 2009, 5:06 am
Standard Death Penalty Challenges: The Court also considered and rejected the various challenges to the death penalty scheme that had been considered and rejected in previous cases. [read post]
12 Aug 2008, 1:00 pm
Typically, under instructions and jury charges typically delivered, a corporation is criminally responsible for the actions of any of its employees taken within the scope of their employment and for the benefit of the corporation. [read post]
9 Feb 2018, 8:05 am
Harris and subsequent decisions, which abrogated the use of special standards in deadly force cases and established “reasonableness” as the ultimate and only inquiry. [read post]
15 Mar 2013, 1:32 pm
The case also involved some serious problems with the jury instructions. [read post]
1 Jun 2010, 3:42 am
” The only other criminal case decided by the Court was US v. [read post]
20 Apr 2014, 3:22 pm
With no psych evidence, a dim cap instruction was denied, and Christian was convicted. [read post]
18 Feb 2020, 12:30 pm
Batson case law and clarify standards to help end discrimination in jury selection. [read post]
21 May 2019, 6:51 pm
In addition to the standard sentence, the guidelines allow for enhancements if certain elements are met. [read post]
3 May 2018, 3:48 am
At a real trial, rules of evidence are used, examination and cross are required and the trial is overseen by a judge, who knows actual law and instructs the jury. [read post]
5 Dec 2019, 2:10 pm
The Court found that the trial judge’s message was clear and unambiguous, did not relate to guilt or innocence, and did not amount to an instruction to the jury. [read post]
30 Aug 2022, 5:01 am
He instructs Bauer to assume, for the sake of argument, that the investigation is criminal. [read post]
11 Mar 2022, 11:54 am
The Chief then transitioned to the prescribing context and asked whether a practitioner should get a jury instruction that “I realize the standard is . . . this many prescriptions a month or a year, but I think it should be this [many prescriptions]. [read post]
12 Apr 2009, 5:56 am
The standard jury instruction - given over defense objection - stated that a "prison-made knife is a dangerous weapon if it is used in a way that is capable of causing death or serious bodily injury. [read post]
