Search for: "Standard Jury Instructions-Criminal Cases"
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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]
9 Dec 2014, 9:01 pm
We know from prior cases that a threat need not be carried out to be criminally cognizable. [read post]
6 Dec 2014, 2:32 am
The trial court applied the objective standard, however, and instructed the jury accordingly. [read post]
1 Dec 2014, 4:27 am
The jury was instructed to convict Anthony Elonis if it was reasonable for him to see that Tara would interpret his posts as a serious expression of intent to harm her. [read post]
25 Nov 2014, 12:04 am
But this grand jury was one that had already evaluated many criminal cases and thus would have had significant experience in applying the probable cause standard. [read post]
21 Nov 2014, 8:59 am
Other states, such as my home state of Utah, make their jury instructions readily available. [read post]
20 Nov 2014, 11:55 am
“That’s why they refer to them as the gold standard. [read post]
16 Nov 2014, 8:00 am
When maxims are used at the trial court level, they are often espoused by lawyers in argument (and might make their way into a Memorandum of Points and Authorities in a Family Law matter, or even into Jury Instructions in a general Civil Law matter). [read post]
11 Nov 2014, 6:00 pm
Perfection is an impossible standard in a system that seeks to achieve justice and fairness. [read post]
6 Nov 2014, 9:00 am
" There's good reason for, at a minimum, using a reasonable suspicion standard. [read post]
29 Oct 2014, 5:00 am
After a jury convicted Michael Dreyer of “one count of distributing child pornography . . . in violation of 18 U.S. [read post]
27 Oct 2014, 8:25 am
A neutral judge and/or impartial jury decides the case. [read post]
23 Oct 2014, 12:00 am
However, the concurrence stated that because the testimony was merely common sense and the jury would have reached the same verdict, any error was harmless and any prejudice could be cured by cross examination and jury instructions. [read post]
16 Oct 2014, 7:57 am
United States, 13-8827, relates to a charge under the Controlled Substances Act, and challenges the denial of the defendant’s proposed jury instruction under which, in order to find him guilty, the jury would have had to find “that he used his prescription[-]writing power as a means to engage in … illicit drug dealing and trafficking as conventionally understood. [read post]
14 Oct 2014, 6:44 am
For more on the underlying case, see here (as to the criminal trial) and here (as to the man’s being able to rejoin his family). [read post]
9 Oct 2014, 9:01 pm
Elonis wins at the Supreme Court, and the case is sent back for a new trial, a new instruction would be given to the jury but a conviction seems likely in any case. [read post]
9 Oct 2014, 8:46 am
John Elwood reviews Monday’s relisted cases. [read post]
8 Oct 2014, 7:01 am
Furthermore, the court gave instructions to the jury that stricken testimony was not to be considered as evidence. [read post]
7 Oct 2014, 3:14 pm
The Court of Appeals held, in a two to one decision, that the statute required a “but for” jury instruction, reversed and remanded. [read post]
7 Oct 2014, 6:55 am
PJI, sometimes also called "model jury instructions" or "standard jury instructions," provide sample language that judges may read to juries before trial deliberations. [read post]
