Search for: "Standard Jury Instructions-Criminal Cases"
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26 Oct 2007, 10:33 am
"But guilt no matter how clearly established cannot cancel a criminal defendant's right to a trial that meets minimum standards of procedural justice. [read post]
29 Apr 2011, 1:30 pm
Rule 30 of criminal procedure says that if you want to object to a jury instruction, you have to do it in open court, with specific detail, after the judge has read the charge, but before the jury has begun deliberations. [read post]
30 Jun 2011, 8:09 am
” According to Florida’s standard jury instructions in criminal cases, “culpable negligence is more than a failure to use ordinary care for others. [read post]
10 Oct 2010, 7:45 pm
” Note that the Court of Criminal Appeals strongly endorses the EJI’s standards for the performance of counsel. [read post]
28 Oct 2013, 5:00 pm
Speak only when instructed to do so. [read post]
3 Jan 2012, 6:49 am
Marty Lederman and Steve Vladeck provide a comprehensive analysis at Opinio Juris (Part I is here and Part II here). [read post]
2 Jun 2016, 11:10 am
The deputy instructed the defendant to come out from under the vehicle. [read post]
23 Jan 2007, 6:12 am
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"ABA Standards for Criminal Justice 23-2.1 (2d ed. 1983) (emphasis added). [read post]
9 Sep 2015, 6:10 am
Donoho stated that as a result of [Zahorik]'s letter, he contacted the lead investigator in [Zahorik]'s criminal case and was informed [Zahorik]'s credit was checked at the request of the prosecuting attorney. [read post]
30 Nov 2011, 11:05 am
But on the whole, local police captured local criminals, who were charged by local prosecutors and tried before local juries using criminal law standards from the common law that were vague and left considerable discretion to the jury. [read post]
27 Aug 2010, 9:52 am
A federal court simply cannot interpose itself and set aside the jury verdict in this case absent a truly persuasive showing of innocence. [read post]
21 Jan 2014, 11:45 am
What is a certiorari in a criminal proceeding? [read post]
29 Jan 2016, 6:52 am
The habeas court recited the following facts with respect to the jury tampering: `On the evening of October 4, 2007, while the petitioner's criminal jury trial was underway, several jurors assigned to the case received telephone calls at their residences from a telephone number identified on their respective caller identification systems as originating from Kate's Paperie, a business establishment in Greenwich, Connecticut. [read post]
15 Dec 2011, 9:07 pm
” Instead, on its own motion the court instructed the jury with a standard res ipsa loquitur instruction. [read post]
3 Oct 2011, 7:55 pm
Juries in criminal and tort cases must apply instructions on burdens of proof to an entire evidentiary display, not just the expert witnesses’ opinions. [read post]
13 May 2016, 7:55 am
A subsidiary issue that is related to the use of the criminal law as an agent for cultural change involves the way that customary rules of process fairness are bent to the greater policy goals.There are many who view criminalization and the use of law instrumentally, and especially the criminal law, as a valuable tool for societal progress. [read post]
21 May 2014, 11:03 pm
Most courts now include anti-Tweet and technology instructions in standard jury instructions (see Preliminary Criminal Instruction #13, “Admonition”), but jurors have probably already found other ways to communicate to get around the current rules. [read post]
8 May 2023, 10:44 am
What Happens Before and After the Grand Jury Votes Before a Grand Jury presentation concludes, prosecutors will instruct jurors on the Penal Law, and very likely the legal definition of some of the following: “intentional”, “depraved indifference”, “reckless”, “criminally negligent”, and, presumably, “justification”. [read post]
29 Jun 2018, 12:15 pm
He wrote, “The defendant has invited the court to jump into issues that have not been addressed by our Supreme Court, the Court of Appeals or the authors of (Nebraska Jury Instructions-Criminal 2nd Edition). [read post]
13 Feb 2007, 9:53 am
Prosecutors get to instruct the jury that the defendant can be guilty of securities fraud if they were willfully blind to the actions of others. [read post]
