Search for: "Standard Jury Instructions Criminal Cases"
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21 Feb 2013, 7:26 am
The position in a criminal is that no one must speculate. [read post]
21 Feb 2013, 7:24 am
At the close of the evidence, the Defendant's lawyer pointed to standard jury instructions which require proof that the property was a "non-dwelling" before a person could be convicted of the crime of burning "other real property." [read post]
8 Feb 2013, 1:33 pm
In the case of a criminal defense practice in D.C., for example, you could not get by without the D.C. crimes code, jury instructions, rules of evidence, sentencing guidelines, the two volumes of the Criminal Practice Institute’s manual, and some type of legal research service. [read post]
7 Feb 2013, 11:31 am
Defense counsel then used Defendant’s final preemptory challenge to dismiss Juror no. 1.The SCOV is quick to point out the trial court’s obligation to protect a criminal defendant’s constitutional right to trial by an impartial jury, but also notes the extremely deferential standard by which it evaluates a trial court’s purported abuse of discretion in this regard. [read post]
4 Feb 2013, 9:01 pm
David is alive and well today (and out of prison, since his murder conviction was reversed, because of faulty jury instructions, on appeal in 2012). [read post]
1 Feb 2013, 6:37 pm
As decided in several jurisprudence, “the prosecutor wholly failed to instruct the jury as to the requirements of legal insufficiency in a circumstantial evidence case… the failure to instruct the jury on the standard to be applied deprives of legal significance the factual determination implicit in the indictment. [read post]
30 Jan 2013, 10:49 am
Here in Massachusetts, the standard for lack of criminal responsibility due to a mental disease or defect is set forth in a case named Commonwealth v. [read post]
29 Jan 2013, 9:01 pm
But the trial judge revealed potential confusion about his own correct instructions by asking the jury foreperson for the vote on negligent homicide, even after learning of the jury’s having deadlocked on manslaughter. [read post]
23 Jan 2013, 6:33 pm
Applying the standard adjudged by the court in one case, to wit “We must uphold a guilty verdict if there is any theory of the evidence from which the jury might have excluded every hypothesis except guilt beyond a reasonable doubt." [read post]
14 Jan 2013, 8:39 am
That is, the court need not believe the defense, but because it is a jury question, submission of any evidence to so suggest vaults this evidence over the bar of getting to the jury and receiving the benefit of the self defense jury instruction. [read post]
13 Jan 2013, 4:09 pm
Perhaps the most striking piece of news this week comes from the criminal courts. [read post]
10 Jan 2013, 6:06 am
”); see also Instructions for the Government of Armies of the United States in the Field (Lieber Code), General Orders No. 100, arts. 27 & 40 (Apr. 24, 1863) (describing the law of war as a “branch” of the “law of nations”); O.L.C. [read post]
31 Dec 2012, 7:47 pm
Our policy is to include and disclose all cases in which Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represents either a party or an amicus in the case, with the exception of the rare cases in which Goldstein & Russell represents the respondent(s) but does not appear on the briefs in the case. [read post]
26 Dec 2012, 11:37 am
These are high standards, but they are vital in our democracy to prevent the government from criminalizing thought and speech that it—or even a majority of us—disagrees with. [read post]
24 Dec 2012, 1:59 pm
A Long Island Criminal Lawyer said the present case is illustrative. [read post]
24 Dec 2012, 5:56 am
When juries are given their instructions by the judge, they are also told about other charges they can consider if they don't think the standards are met for what the state has charged. [read post]
20 Dec 2012, 4:00 am
In every case the proper permissions have been obtained. [read post]
4 Dec 2012, 11:37 am
However, clear and convincing evidence is lower than the beyond a reasonable doubt standard used in criminal cases. [read post]
30 Nov 2012, 9:47 am
The Court in Gibson did not find the lawyer's actions to meet that standard. [read post]
30 Nov 2012, 9:47 am
The Court in Gibson did not find the lawyer's actions to meet that standard. [read post]
