Search for: "Standard Jury Instructions-Criminal Cases"
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6 Jul 2011, 5:31 am
Standard Florida jury instructions provide as follows (emphasis added):A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. [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]
28 Jul 2009, 12:58 pm
It is the prosecutor that presents all of the evidence and instructs the grand jury on the law. [read post]
5 Dec 2016, 9:20 am
Whether to admit expert testimony under these standards “is within the trial court’s discretion. [read post]
5 Dec 2016, 9:20 am
Whether to admit expert testimony under these standards “is within the trial court’s discretion. [read post]
29 Apr 2014, 3:13 pm
The case presents two questions: (1) Whether the Sixth Circuit violated the Anti-Terrorism and Effective Death Penalty Act by granting habeas relief because a Kentucky trial court refused to issue an instruction to the jury telling it not to draw adverse inferences from the defendant’s silence at the sentencing phase in a death penalty case; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. [read post]
29 Apr 2014, 3:13 pm
The case presents two questions: (1) Whether the Sixth Circuit violated the Anti-Terrorism and Effective Death Penalty Act by granting habeas relief because a Kentucky trial court refused to issue an instruction to the jury telling it not to draw adverse inferences from the defendant’s silence at the sentencing phase in a death penalty case; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. [read post]
8 May 2013, 4:38 am
Florida Standard Jury Instructions in Criminal Cases. [read post]
31 Jan 2007, 9:47 am
That said, I'm pretty darn positive that a jury -- and, in particular, this jury -- knows full well that a defendant in a criminal case can be convicted only when there's no reasonable doubt. [read post]
4 Dec 2019, 11:00 pm
Tweet We have criminal trials. [read post]
7 Feb 2015, 6:03 pm
The Court stated that the instruction should be given in appropriate cases from now on, until a model instruction is issued. [read post]
7 Feb 2015, 12:01 am
The Seventh Amendment establishes the right to a trial by jury whenever the case is one that would have required a jury at common law. [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]
9 Jun 2016, 8:00 am
Most people think eyewitness testimony is the “Gold Standard” when it comes to putting together the event details when it comes to documenting facts about a case. [read post]
30 May 2018, 2:03 pm
If we hold, as the court apparently does, that one implication of the existence of such precise, independent standards is that juries must be instructed to find facts according to those standards, we raise the spectre of requiring trial judges in defamation cases to instruct juries as to four separate and distinct burdens of proof, falling variously on the plaintiff and defendant. [read post]
30 May 2018, 1:31 pm
If we hold, as the court apparently does, that one implication of the existence of such precise, independent standards is that juries must be instructed to find facts according to those standards, we raise the spectre of requiring trial judges in defamation cases to instruct juries as to four separate and distinct burdens of proof, falling variously on the plaintiff and defendant. [read post]
26 Sep 2007, 1:00 pm
He goes on to state, “That a jury was allowed to convict Skilling criminally for statements for which he could not be held liable civilly not only reveals the instructional error requiring reversal, but underscores the profound unfairness of this entire case. [read post]
18 Oct 2016, 1:31 pm
To have fair trials in Florida federal judges who care about our criminal justice system should give this jury instruction when requested. [read post]
12 Jun 2008, 8:26 pm
The Supreme Court, agreeing with the intermediate appellate court, held that reliance on a civil standard for criminal liability was improper because the use of civil standards which had not migrated into substantive criminal law provided insufficient notice to an accused and violated due process principles. [read post]
31 Jan 2018, 11:32 am
After reviewing the record, the appellate court concluded that the facts of this case did not satisfy the second-degree standard. [read post]
