Search for: "Standard Jury Instructions-Criminal Cases"
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9 Dec 2022, 12:10 pm
While consideration of race or position is not allowed under the law, juries are not aware that they hold these implicit biases, and their reliance on them in decision making tends to benefit police and the prosecution and prejudice the accused, who, in gang-related cases are disproportionately people of color. [read post]
2 Dec 2011, 2:49 pm
The first standard invites an assessment of what actually happened at trial and what the jury’s actual views of the case were. [read post]
23 Jan 2015, 1:00 pm
Instead, it was quietly mentioned in a declaration by a DEA agent, in a criminal case brought in D.C. federal court. [read post]
14 Jun 2010, 8:45 am
Although a jury instruction instructed the jurors on the use of technology and social media, I'm guessing that the questioning at voir dire did not spell out social networking relationships. [read post]
29 Jun 2015, 9:18 am
” Because of the way Asher had presented his defense, the trial judge did not give the jury specific instructions about Asher’s right as a police officer to use force. [read post]
26 Oct 2017, 8:35 pm
Unfortunately, said DUI definition is mimicked in Virginia’s model criminal jury instructions. [read post]
1 May 2020, 8:29 am
And because the jury was not instructed using the true threats standard, the court reversed the conviction. [read post]
5 Aug 2017, 3:56 pm
” The Court suggests its answer is limited only to this case, but no FOIA guilty-plea waiver could ever meet the standard employed here. [read post]
22 Mar 2007, 12:46 pm
He claimed that the prosecutor's argument that the jury should sentence Weaver to death to send a message to other criminals violated a requirement of individualized punishment. [read post]
14 May 2013, 3:32 am
”) And the self defense instructions that are submitted to the jury contain the updated instructions that allow a person to stand their ground when utilizing deadly force, rather than the old instructions that required an attempt to retreat first. [read post]
15 Dec 2013, 4:25 pm
The jury was instructed that they were to consider the Per Se count first and, if they found defendant guilty of that count, they were not to consider any of the remaining counts. [read post]
19 Nov 2008, 8:33 pm
Did the submission of an inapplicable, superfluous jury instruction cause some harm to Appellant? [read post]
7 Nov 2018, 8:46 am
Mississippi in light of evolving standards of decency, equal protection, and the Eighth Amendment’s prohibition against cruel and unusual punishment when the advisory panel at the penalty phase of trial was repeatedly instructed in violation of Caldwell. [read post]
25 Aug 2019, 11:17 am
Culpable negligence, as noted in Florida Standard Jury Instructions, is defined as a course of conduct that shows reckless disregard for human life or for the safety of individuals exposed to it that displays recklessness or wantonness. [read post]
19 Jun 2012, 5:13 pm
In so doing, the Court held that the state trial court’s refusal to instruct the jury on Booker’s eligibility for parole was neither contrary to, nor an unreasonable application of, Simmons v. [read post]
1 Mar 2010, 9:52 am
In most cases, these concerns are overstated and properly rejected by trial courts under the existing standards governing the constitutional access right. [read post]
22 Jun 2010, 10:43 pm
The Texas Court of Criminal Appeals in Adrian Estrada v. [read post]
26 Aug 2023, 11:42 am
The standard is met only if (a) the testimon [read post]
13 Apr 2009, 10:47 am
Criminal Appellate Jurisdiction: The deadline for filing notice of appeal in criminal case under Federal Rule of Appellate Procedure 4(b) is not grounded in federal statute and, accordingly, is not jurisdictional -- Government did not forfeit objection to untimely notice of appeal by failing to raise it before district court -- Although rule permitted district court, upon finding of excusable neglect or good cause, to extend time for defendant to file notice of appeal by… [read post]
18 May 2018, 2:38 pm
Court of Appeals for the District of Columbia Circuit’s judgment and instruct that court to remand the case to the district court with directions to dismiss all claims for prospective relief regarding pregnant unaccompanied minors. [read post]
