Search for: "Standard Jury Instructions Criminal Cases"
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28 Jun 2013, 10:05 am
It is worthwhile to note that the jury instruction given in the case was actually generous to the defendant when compared to what the statutes and existing Second Circuit standard require. [read post]
7 Aug 2008, 5:05 am
Background: For many, many years criminal defense attorneys in Nevada argued that standard jury instructions on first degree murder were unconstitutional, invalid and otherwise bad as they muddled the distinction between first and second degree murder and did not give adequate attention to the mens rea elements of premeditation, deliberation and willfulness. [read post]
26 Oct 2022, 11:29 am
The standard of “beyond a reasonable doubt” is the very highest standard of proof in the law. [read post]
8 Aug 2007, 11:52 am
To address this issue, the Supreme Court Committee on Standard Jury Instructions in Criminal Cases proposes a new standard jury instruction 2.11 for use in the criminal cases. [read post]
4 Jul 2015, 3:12 pm
The Supreme Court of Delaware is silent about the matter -- and that means you have to hunt through case law to create non-standard instructions. [read post]
30 May 2024, 5:09 am
Merchan has largely stuck to the standard jury instructions but this case is anything but standard. [read post]
21 Jan 2009, 9:00 pm
The Washington State trial and appellate courts rejected his argument that the accomplice liability jury instruction in this murder case was unconstitutionally unambiguous. [read post]
30 Jun 2021, 2:04 pm
A defendant in a Washington criminal case is entitled to a self-defense jury instruction if he shows some evidence of self-defense. [read post]
4 Jan 2008, 4:48 pm
Further to the extent the challenged instruction in this case went on to reference the 'triumph of truth' as essential to justice 'in any case, whether it be civil or criminal,' such language, without more, fails to alert the jury that a higher standard of proof is demanded in criminal than in civil cases. [read post]
10 Sep 2019, 10:10 am
Probable cause is a far lower threshold than the reasonable doubt standard of proof that applies at trial. [read post]
20 Sep 2006, 11:56 am
The Florida Supreme Court decided in the case of In Re: Standard Jury Instructions in Criminal and Civil Cases, 31 Fla. [read post]
6 Jun 2014, 5:01 am
Most criminal statutes seem to use the objective standard. [read post]
10 Jul 2012, 9:04 am
On appeal, I raise one issue, that the trial judge inserted an variant jury instruction that confused the jury and impermissibly lessened the burden of proof for the prosecution. [read post]
16 Aug 2021, 8:31 am
Following closing arguments, the judge will provide the jury with instructions that entail the legal standards required to determine the defendant’s innocence or guilt. [read post]
4 Dec 2010, 9:02 am
" According to the Standard Florida Criminal Jury instruction for Driving Under the Influence: "Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. [read post]
12 May 2013, 8:47 am
“Bad faith is the wrong legal standard for a remedial jury instruction. [read post]
19 Feb 2020, 2:37 pm
In a New York criminal jury trial, the judge has several critical roles. [read post]
8 Nov 2022, 8:26 am
This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
13 Aug 2018, 6:44 am
The allegations in this case gave defendant's lawyer something to work with, as it suggests the jury ignored the trial court's directive not to discuss the case during trial (a standard instruction) and that one juror racially-profiled the defendant as a drug dealer at first sight.But Juror No. 10 said nothing about the content of the mid-trial discussions. [read post]
5 Jun 2007, 4:00 pm
In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.For example, here's a 38.23 charge to be used when there is a fact issue as to the existence of voluntary consent to search a vehicle:You are instructed… [read post]
