Search for: "Standard Jury Instructions Criminal Cases"
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6 Oct 2014, 5:50 am
(with criminal liability). [read post]
29 Sep 2014, 4:15 am
Gives jury instructions on applications of facts to law. [read post]
25 Sep 2014, 10:41 am
” California Civil Jury Instruction 1600 . [read post]
25 Sep 2014, 6:57 am
Turner, a case that challenges the constitutionality of the statute. [read post]
24 Sep 2014, 6:01 am
In such a situation, the defendant was legally entitled to have the court instruct the jury that coming armed to such a confrontation wasn’t itself enough to strip the defendant of the right to self-defense. [read post]
19 Sep 2014, 10:41 am
Florida, reversed defendant's criminal conviction for hit-and-run on grounds that standard jury instructions on this matter are unclear. [read post]
17 Sep 2014, 10:30 am
Humphrey 13-1345Issue: (1) Whether it is error for a federal appellate court to undertake the same analysis for penalty phase prejudice in capital cases arising from both weighing states, where juries impose death sentences only after determining that aggravating circumstances outweigh mitigating factors, and non-weighing states, where juries are instructed that they may return a sentence less than death for any reason or no reason at all, even after finding a… [read post]
13 Sep 2014, 11:20 am
Hill articulated a standard for the propriety of an adverse inference jury instruction in the face of a party’s failure or refusal to call a fact witness. [read post]
12 Sep 2014, 7:02 am
The Court also rejected Lewis’s (1) due process argument, reasoning reversal is not necessary where an indictment fails to charge an element of the offense, (2) automatic reversal argument, distinguishing cases where no criminal conduct was alleged, and (3) constructive amendment argument, because the difference between use and brandishing changed proof with respect to a particular statutory subsection, not the entire theory of the case. [read post]
8 Sep 2014, 8:31 am
In addition, the court remanded the case to the trial court, Espinosa, J., to determine whether the defendant was competent to represent himself at trial under the higher standard. [read post]
2 Sep 2014, 9:23 am
There is no compromise for any juror on that issue and they should all commit to that standard during jury selection. [read post]
1 Sep 2014, 1:32 pm
Regrettably for all concerned, a case decided after this trial confirms that the court should have given a but-for instruction on causation in the context of this criminal trial. [read post]
31 Aug 2014, 12:49 pm
To what extent do the doctrines of equity serve the same ends as jury nullification, discussed in Chapter 2? [read post]
10 Aug 2014, 5:15 pm
With respect to the homicide at issue in this case, the jury was instructed on two intentional crimes and two reckless ones. [read post]
9 Aug 2014, 8:49 am
” Next, it reviews the standards of “willfulness” as presented by the United States and taxpayer’s counsel, and as determined by the Court in the recent Miami, Florida case which was tried and decided by a jury in Miami, Florida in June, 2014, United States v. [read post]
6 Aug 2014, 4:00 am
He did not ask the court to strike the questions and answers that he had missed and instruct the jury to disregard them. [read post]
5 Aug 2014, 12:31 pm
A Queens Petit Larceny Lawyer said that, in its charge, the court declared that other crimes committed by the defendant which the jury had heard about could be considered solely on the question of his credibility but not to establish criminal bent. [read post]
4 Aug 2014, 6:27 pm
[Footnote: Of course, rap lyric evidence that provides direct proof against a defendant -- such as an admission or details that are not generally known and dovetail with the facts of the case -- should be analyzed for relevance under N.J.R.E. 401 and evaluated under N.J.R.E. 403's standard for prejudice, and not the standard for prejudice under a Cofield analysis. [read post]
3 Aug 2014, 4:28 pm
This point was recently driven home in the June, 2014 Miami, Florida case, United States v. [read post]
1 Aug 2014, 9:00 am
Yes, juries are instructed to abide to this fundamental maxim as the only way a person is granted a fair trial. [read post]
